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. 

United States v. ExxonMobil Pipeline Co. LLC, No. 4:24-cv-473-KGB (E.D. Ark. June 3, 2024). Under a proposed consent decree, settling OPA defendants must pay a total of $1,755,082 in connection with a discharge of oil from the Pegasus Pipeline into the environment in and around Mayflower, Arkansas, that migrated to waters, wetlands, and ultimately to Lake Conway.

NOAA issued final regulations for the designation of the Lake Ontario National Marine Sanctuary in eastern Lake Ontario to recognize the national significance of the area’s historical, archaeological, and cultural resources and to manage this area as part of the National Marine Sanctuary System.

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.

The president issued Proclamation No. 10770 of May 31, 2024, proclaiming June 2024 as National Ocean Month.  

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.