FWS proposed new regulations to support conservation in the National Wildlife Refuge System by providing refuge managers with a consistent approach for evaluating and implementing management actions to ensure biological integrity, diversity, and environmental health, in accordance with the National Wildlife Refuge System Improvement Act of 1997.
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.
December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction.
United States v. PotlatchDeltic Land & Lumber, LLC, No. 2:24-cv-00043 (D. Idaho Jan. 24, 2024). Under a proposed consent decree, a settling CWA defendant that violated its NPDES permits related to stormwater discharges from its sawmill and lumberyard facility in St. Maries, Idaho, must pay a $225,000 civil penalty and implement injunctive relief and significant mitigation actions.
United States v. Reading, City of, No. 04-05696 (E.D. Penn. Jan. 24, 2024). A proposed amendment to a consent decree extends the deadlines for completing remaining capital improvement projects for a settling CWA defendant that violated its NPDES permits, the CWA, and the Pennsylvania Clean Streams law by discharging pollutants into the Schuylkill River, failed to enforce the requirements of its pretreatment program for industrial users, and failed to properly operate and maintain its wastewater treatment plant and systems.
EPA approved alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations under the SDWA.
The Bureau of Indian Affairs proclaimed approximately 1,483.03 acres as an addition to the reservation of Pascua Yaqui Tribe.
FWS initiated five-year status reviews under the ESA of 22 animal and plant species.
FWS announced 90-day findings on petitions to list Betta hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest spring firefly, white-margined penstemon, and yellow-spotted woodland salamander, finding that listing may be warranted under the ESA.
United States v. Swinerton Builders, No. 3:24-cv-00274 (N.D. Cal. Jan. 17, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly violated the Act during construction of solar energy facilities in Alabama, Idaho, and Illinois, must implement significant mitigation actions and pay a $2,300,000 civil penalty.