The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known...
United States v. Santolubes, LLC, No.24-cv-807 (E.D. Mo. June 10, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $300,000 for response costs incurred at the Findett/Hayford Bridge Road Groundwater Superfund site in St. Charles County, Missouri.
EPA announced the availability of acute freshwater aquatic life screening values for 6PPD and its transformation product 6PPD-quinone.
EPA entered into a CERCLA settlement agreement with LPC Holdings, Inc., concerning recovery of cleanup costs at the Aberdeen Contaminated Groundwater Superfund Site in Aberdeen, North Carolina.
EPA proposed to enter into individual CERCLA settlements with seven additional parties concerning the recovery of cleanup costs at Bennett Landfill Fire Site in Chester, South Carolina.
EPA determined that Alabama’s coal combustion residuals permit program does not meet the standard for approval under RCRA.
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. Union Carbide Corp., No. 1:24-cv-01463 (D. Colo. May 23, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $600,000 to reimburse response costs incurred at the Uravan Uranium Project Superfund Site in Montrose County, Colorado, and to comply with institutional controls and other requirements for property owned within the site.
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.
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.