---
kind: "section"
citation: "42 U.S.C. § 16139"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16139"
heading: "Settlement agreement provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16139"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VII — Vehicles and Fuels"
  - "Part F — Diesel Emissions Reduction"
---

# §16139. Settlement agreement provisions


In any settlement agreement regarding alleged [violations](/usc/42/2000e–16a.md?p=c) of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental [Project](/usc/42/16371.md?p=12), the [Administrator](/usc/42/15951.md?p=b-1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative [project](/usc/42/16371.md?p=12) other than a diesel emissions reduction Supplemental Environmental [Project](/usc/42/16371.md?p=12) if the [Administrator](/usc/42/15951.md?p=b-1) were precluded by law from accepting a diesel emission reduction Supplemental Environmental [Project](/usc/42/16371.md?p=12). A failure by the [Administrator](/usc/42/15951.md?p=b-1) to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [[42 U.S.C. 7401](/usc/42/7401.md) et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.


## Source credit

(Pub. L. 110–255, § 2, June 30, 2008, 122 Stat. 2423.)

## Notes

### Editorial Notes

### References in Text

The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.

### Codification

Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.