United States v. PSF, Inc., No. 3:24-cv-00112 (D. Alaska May 24, 2024). Under a proposed consent decree, settling CWA defendants that allegedly violated the conditions and limitations of their NPDES permits at their facilities in Valdez and King Cove, Alaska, must perform injunctive relief and pay $750,000 in civil penalties. 

United States v. TPC Group LLC, No. 24-00187 (E.D. Tex. May 21, 2024). Under a proposed consent decree, a settling CAA defendant must pay $12.1 million in civil penalties and spend approximately $80 million to improve its risk management program and improve safety at its petrochemical manufacturing facilities in Port Neches and Houston, Texas, in connection with a November 2019 explosion at the Neches facility and failure to take corrective action at the Houston facility. 

SIP Proposal: Arizona (partial approval and partial disapproval of revisions related to regional haze). 

NMFS announced its 90-day finding on a petition to list the Delaware River population of Atlantic sturgeon as an endangered distinct population segment (DPS) of Atlantic sturgeon under the ESA and to designate critical habitat for the DPS, finding the petition does not present substantial scientific or commercial information indicating action may be warranted and denying the petition. 

United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements. 

FWS proposed to designate approximately 930 acres in Churchill County, Nevada, as critical habitat for the Dixie Valley toad under the ESA. 

FWS removed approximately 64,797 acres of land within Arizona from the designation of critical habitat for the jaguar to comply with a court order. 

EPA proposed a regulatory framework for states and public water systems to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. 

FWS designated approximately 1,213,752 acres in northwestern California and southwestern Oregon as critical habitat for the coastal distinct population segment of Pacific marten under the ESA.

SIP Proposal: North Carolina (correction of erroneous incorporation of cross-references related to permitting rules).