CONSENT DECREE AND ENVIRONMENTAL SETTLEMENT AGREEMENTConsent Decree and Environmental Settlement Agreement • May 1st, 2020
This Consent Decree and Environmental Settlement Agreement (“Settlement Agreement”) is entered into by and among the Debtors in the above-captioned cases and the United States on behalf of the United States Environmental Protection Agency (“EPA”) to resolve any and all alleged liabilities related to the Debtors under both the 2018 Consent Decree (as defined below) and Section 211(o) of the Clean Air Act, 42 U.S.C. § 7545(o)(“CAA”), the Renewable Fuel Standard (“RFS”) Program, and the regulations prescribed at 40 C.F.R. Part 80, Subpart M (the “RFS Regulations”) (collectively, the “RINs Retirement Obligations”), as provided herein. This Settlement Agreement resolves in its entirety the matters that the United States on the one hand, and the Debtors and their stakeholders on the other hand, had held open for anticipated litigation and resolution pursuant to the Plan of Reorganization and Confirmation Order previously entered in the above-captioned chapter 11 cases. See Docket No. 994 (Fo
