88 FR 88315
EPA proposed to promulgate an aquatic life designated use that includes propagation and protective water quality criteria for dissolved oxygen for Zone 3, Zone 4, and upper Zone 5 of the Delaware River.
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Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court denied Indigenous and environmental groups' motion for injunction pending appeal of their challenge to BLM's approval of an oil and gas development project in the National Petroleum Reserve-Alaska. The groups initially sought to preliminarily enjoin construction through the remainde...
Earth Island Institute v. United States Forest Service
The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...
88 FR 85838
OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.
88 FR 85530
EPA proposed to establish new and revised human health water quality criteria for certain pollutants in the state of Florida.
88 FR 85326
United States v. Chattanooga, City of, No. 1:12-cv-00245 (E.D. Tenn. Dec. 3, 2023). A proposed modification to an existing consent decree concerning a settling CWA defendant’s alleged violations with respect to the city's POTWs extends certain deadlines to achieve compliance with the consent decree while adding significant remedial projects that must be completed within five years.
Idaho Conservation League v. Poe
The Ninth Circuit affirmed summary judgment for an environmental group in a suit against a California resident who engaged in instream suction dredge mining in Idaho’s South Fork Clearwater River without an NPDES permit. The group argued the resident violated the CWA each time he operated a suctio...
88 FR 83937
EPA Region 6 announced an initial revised designation determination that stormwater discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and Los Alamos National Laboratory property in Los Alamos County and Santa Fe County, New Mexico, are contributing to violations of New Mexico water quality standards and require NPDES permit coverage under the CWA.
Unpacking the Revised WOTUS Rule
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.
88 FR 83694
The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.