FERC revised the pro forma Open Access Transmission Tariff to remedy deficiencies in the Commission’s existing regional and local transmission planning and cost allocation requirements. 

FERC proposed to amend regulations to clarify that for all proceedings before the Commission that require a water quality certification pursuant to §401(a)(1) of the CWA, the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority’s receipt of the request.

United States v. PSF, Inc., No. 3:24-cv-00112 (D. Alaska May 24, 2024). Under a proposed consent decree, settling CWA defendants that allegedly violated the conditions and limitations of their NPDES permits at their facilities in Valdez and King Cove, Alaska, must perform injunctive relief and pay $750,000 in civil penalties. 

FERC amended its regulations governing applications for permits to site electric transmission facilities under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and amended its NEPA procedures.

United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements. 

DOE announced the availability of the preliminary list of potential national interest electric transmission corridors, the designation of which would focus public and policymaker attention on the areas of greatest transmission need and unlock valuable federal financing and permitting tools to advance transmission development.