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Commonwealth of Kentucky v. United States Environmental Protection Agency

The Sixth Circuit granted the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. A district court had denied the motions, concluding plaintiffs lacked...

Natural Resources Defense Council v. Regan

The D.C. Circuit vacated EPA's withdrawal of its determination to regulate perchlorate in drinking water. An environmental group argued EPA lacked the authority to withdraw the determination under the SDWA, and that even if it did have such authority, it acted arbitrarily and capriciously in doing s...

88 FR 30280

EPA and NOAA proposed to find that Michigan has satisfied all conditions the agencies established as part of their 1997 approval of the state’s coastal nonpoint pollution control program under the CZMA.

88 FR 29496

EPA proposed to establish federal water quality standards (WQS) for Indian reservation waters that currently do not have WQS in effect under the CWA, with limited exceptions.

88 FR 28450

EPA proposed to approve revisions to Louisiana's Underground Injection Control Program that would allow permits for and ensure compliance of geologic carbon sequestration facilities as Class VI wells for primacy under the SDWA.

88 FR 25427

The Bureau of Ocean Energy Management seeks comment on possible commercial wind energy leasing on the outer continental shelf in the Gulf of Maine.

South Carolina v. United States Army Corps of Engineers

The Fourth Circuit, 2-1, vacated a district court ruling in a lawsuit concerning the Army Corps of Engineers' plan for maintaining a dam on the Savannah River. The state of South Carolina argued the Corps' plan violated the Water Infrastructure Improvements for the Nation (WIIN) Act because it would...

88 FR 24792

EPA entered into a proposed settlement agreement under the CWA and the APA in Center for Biological Diversity v. EPA, No. 21-71306 (9th Cir.), which would require the Agency to take specified steps with respect to implementation of the 2021 pesticide general permit (PGP), complete ESA consultation of the 2026 PGP, and propose for public comment certain changes to its monitoring and recordkeeping provisions.

88 FR 24613

EPA entered into a proposed settlement agreement under the CWA and the APA in Chesapeake Bay Foundation, Inc. v. U.S. EPA , No. 1:20-cv-2529 (D.D.C.), which would require the Agency to take steps regarding its oversight and funding of Pennsylvania’s efforts under its CWA programs to reduce nutrient and sediment discharges within the state’s portion of the Bay watershed and evaluate by the end of 2026 how each Bay state fared in meeting the 2025 Goal set forward in the last Chesapeake Bay Agreement.

88 FR 24629

The Bureau of Ocean Energy management announced the availability of new outer continental shelf official protraction diagrams and official protraction aliquot diagrams depicting geographic areas in the Gulf of Mexico, which may be used for the description of potential renewable energy and mineral lease sales in the geographic areas that the diagrams represent.