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88 FR 80764

United States v. Cleveland-Cliffs Burns Harbor LLC, No. 23-381 (N.D. Ind. Nov. 8, 2023). Under a proposed consent decree, a settling CERCLA defendant that allegedly released cyanide and ammonia into the East Branch of the Little Calumet River during an August 2019 incident, which led to beach closures, a fish kill, and other natural resource damages, must donate and conserve two approximately one-acre parcels of land bordering the East Branch of the Little Calumet River and near the Indiana Dunes National Park, pay $409,533 to the DOI Natural Resource Damage Assessment and Restoration Fund, and pay $590,173 to the governments for reimbursement of natural resource damages assessment costs.

88 FR 80222

EPA solicited information pertaining to and seeks comments to assist in the potential development of regulations to reinstate the reporting of animal waste air emissions at farms under EPCRA. 

88 FR 80298

EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program. 

88 FR 77941

EPA announced the availability of new information and data pertaining to the Agency’s May 18, 2023, proposed rulemaking on the Disposal of Coal Combustion Residuals (CCR) From Electric Utilities; Legacy CCR Surface Impoundments. 

88 FR 78063

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

Powder River Basin Resource Council v. U.S. Dept of Interior

A district court denied environmental groups' motion to preliminarily enjoin an oil drilling project in Wyoming's Powder River Basin. The groups argued DOI's initial approval of the project violated NEPA by failing to take a "hard look" at relevant environmental issues, violated FLPMA by failing to ...

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

A district court dismissed environmental groups' challenge to BLM's approval of a 600-million-barrel oil development project in the National Petroleum Reserve-Alaska. The groups first argued BLM violated NEPA by failing to consider a reasonable range of alternatives and by failing to adequately anal...

Western Watersheds Project v. U.S. Department of the Interior

A district court denied environmental groups' motion to preliminarily enjoin implementation of a BLM-approved watershed restoration project in eastern Nevada. The groups argued BLM violated NEPA by failing to take a "hard look" at the project's impacts, and violated FLPMA by failing to address speci...

Western Watersheds Project v. McKay

In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service and FWS in a challenge to their approval of a cattle grazing project in Oregon. Environmental groups first argued the Service's final EIS failed to take a "hard look" at three i...

88 FR 75530

The Forest Service proposed to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.