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76 FR 58043

United States v. Links at Columbia, LP, No. 2:11-cv-04232-NKL (W.D. Mo. Aug. 31, 2011). Settling CWA defendants that violated NPDES stormwater permit requirements at a residential development in Columbia, Missouri, must pay a $430,000 civil penalty. 

76 FR 37300

EPA proposed to amend certain provisions related to best available monitoring methods in regulations for Petroleum and Natural Gas Systems of the Greenhouse Gas Reporting Rule.

76 FR 38294

The Bureau of Ocean Energy Management, Regulation, and Enforcement increased the maximum daily civil penalty assessment for OCSLA violations to $40,000 and the maximum daily civil penalty assessment for violations of its financial responsibility regulations to $30,000.

76 FR 37014

EPA approved 11 alternative testing methods for use in measuring the levels of contaminants in drinking water.

76 FR 14812

EPA extended the reporting deadline for data required under the Mandatory Reporting of Greenhouse Gases Rule until September 30, 2011.

76 FR 4723

United States v. Winchester Municipal Utilities, No. 06-102-KSF (E.D. Ky. Jan. 19, 2011). Under a modified 2007 consent decree, a settling CWA defendant responsible for stormwater runoff pollution into the Lower Howards Creek Watershed must spend $203,000 on a watershed management plan that replaces the original supplemental environmental project.

76 FR 3159

United States v. City of Evansville, No. 3:09-CV-128 (S.D. Ind. Jan. 6, 2011). A settling CWA defendant responsible for violations in the operation of its municipal wastewater and sewer system must pay a $420,000 civil penalty to the United States and a $70,000 civil penalty to Indiana, must spend an estimated $4 million to connect homes with failing septic systems to the city's sewer system, and must remedy the deficiencies in the sewer system at a cost that may exceed $500 million no later than 2037.

76 FR 385

United States v. Boeing Co., No. 10-457-LRS (E.D. Wash. Dec. 23, 2010). Settling CERCLA defendants responsible for violations at the Moses Lake Wellfield Superfund site in Moses Lake, Washington, must pay $3.25 million in U.S. response costs incurred at the site. The United States must pay approximately $55 million to EPA for cleanup costs, must pay future response costs not covered by the defendants' payments and those incurred by the state of Washington, and must pay the city of Moses Lake approximately $2.96 million to resolve claims for response costs and attorneys fees.

76 FR 549

EPA announced establishment of a TMDL for nitrogen, phosphorus, and sediment for the Chesapeake Bay and its tidal tributaries.

Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.