The U.S. Environmental Protection Agency (EPA) and Sierra Club recently filed a proposed consent decree resolving litigation over EPA’s failure to take action on eight State Implementation Plans (SIPs) for fine particulate matter (PM2.5). Sierra Club v. Perciasepe, No. 12-347 (D.D.C. proposed consent decree filed 3/26/13). 78 Fed. Reg. 26,029 (5/3/13). At issue was EPA’s alleged failure to either approve or disapprove PM2.5 SIPs submitted by Colorado, Kansas, Missouri, Montana, New Jersey, New York, North Dakota, and Utah within 12 months, as required by the Clean Air Act. EPA agreed to take action on each of the plans by June 1, 2013. EPA said it was “preferable to enter into a consent decree to specify the new date by which EPA would take these actions, rather than have a date imposed by a court.”