88 FR 37994
EPA finalized clarifications to its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau, clarifying that the designation criteria for small municipal separate storm sewer systems will remain the same.
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Forest Service Employees for Environmental Ethics v. United States Forest Service
A district court granted in part and denied in part an environmental group's motion for summary judgment in a CWA citizen suit concerning the Forest Service's discharge of aerially deployed fire retardant into navigable waters of the United States without an NPDES permit. The group argued the Servic...
Sackett v. Environmental Protection Agency
The U.S. Supreme Court held that the CWA extends to only those "wetlands with a continuous surface connection to bodies that are 'waters of the United States' in their own right," such that they are indistinguishable from those waters, in a challenge to an EPA compliance order stating that landowner...
88 FR 35929
United States v. Eastman Chemical Resins, Inc., No. 2:23-cv-00867-MJH (W.D. Pa. May 24, 2023). Settling CWA, CAA, and RCRA defendants must perform injunctive relief, including conducting a third-party environmental audit, implementing effluent limit violations response requirements, performing facility specific work and repairs, completing comprehensive stormwater and groundwater control plans, and implementing a RCRA-based training program and daily inspection requirements; as well as pay a $2.4 million civil penalty in connection with alleged violations at a hydrocarbon resins manufacturing facility in Jefferson Hills, Pennsylvania.
88 FR 33876
EPA Region 9 proposed to reissue a general NPDES permit for water discharges from facilities classified as low threat located in the Navajo Nation.
Commonwealth of Kentucky v. United States Environmental Protection Agency
The Sixth Circuit granted the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. A district court had denied the motions, concluding plaintiffs lacked...
88 FR 29496
EPA proposed to establish federal water quality standards (WQS) for Indian reservation waters that currently do not have WQS in effect under the CWA, with limited exceptions.
88 FR 24792
EPA entered into a proposed settlement agreement under the CWA and the APA in Center for Biological Diversity v. EPA, No. 21-71306 (9th Cir.), which would require the Agency to take specified steps with respect to implementation of the 2021 pesticide general permit (PGP), complete ESA consultation of the 2026 PGP, and propose for public comment certain changes to its monitoring and recordkeeping provisions.
88 FR 24613
EPA entered into a proposed settlement agreement under the CWA and the APA in Chesapeake Bay Foundation, Inc. v. U.S. EPA , No. 1:20-cv-2529 (D.D.C.), which would require the Agency to take steps regarding its oversight and funding of Pennsylvania’s efforts under its CWA programs to reduce nutrient and sediment discharges within the state’s portion of the Bay watershed and evaluate by the end of 2026 how each Bay state fared in meeting the 2025 Goal set forward in the last Chesapeake Bay Agreement.
West Virginia v. U.S. Environmental Protection Agency
A district court granted 24 states' motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states argued the rule violated the APA, the Commerce Clause, the Tenth Amendment, the Due Process Clause, a...