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88 FR 69294

FERC amended the Uniform System of Accounts for public utilities and licensees to create new accounts for wind, solar, and other renewable generating assets; create a new functional class for energy storage accounts; codify the accounting treatment of environmental credits; and create new accounts within existing functions for computer hardware, software, and communication equipment.

88 FR 68672

United States v. Shell Oil. Co., No. 83-cv-2379 (D. Colo. Sept. 28, 2023). A proposed amendment to a consent decree changes the manner in which a settling CERCLA defendant will pay oversight costs for Army-led environmental cleanup activities at the Rocky Mountain Arsenal, and fully resolves those costs.

88 FR 68149

United States v. CR-Troy, Inc., No. 2:23-cv-463 (S.D. Ind. Sept. 26, 2023). Under a proposed consent decree, settling CERCLA defendants must pay $3,650,000 in response costs and perform remedial measures at the Elm Street Groundwater Contamination Site in Terre Haute, Indiana.

NEPA Litigation Over Large Energy and Transport Infrastructure Projects

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.

Extracting Environmental Harm From Deep Seabed Mining

The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.

88 FR 66000

EPA entered into a proposed administrative settlement agreement under CERCLA with Sugar Pine Hotel, Inc., for the recovery of $44,192 plus interest in past response costs incurred at the Klamath Falls Motel Mercury Spill Response site.

88 FR 65621

EPA granted authorization to the state of Wyoming for the changes to its hazardous waste management program under RCRA.

88 FR 65649

EPA proposed to grant authorization to the state of Wyoming for the changes to its hazardous waste management program under RCRA.

88 FR 64884

The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.

88 FR 64972

DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.