# § 16139. Settlement agreement provisions
42 U.S.C. 7401
In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency 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 other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator 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 [ et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.
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**Source Credit**: (Pub. L. 110–255, § 2, June 30, 2008, 122 Stat. 2423.)
## Editorial Notes
### References in Text
The Clean Air Act, referred to in text, is , , 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 and Tables.
### Codification
Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.