The U.S. Sentencing Commission amended the policy statement and commentary in the Guidelines Manual that provides for a reduction in a defendant's term of imprisonment as a result of an amended guideline range.

The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025.

United States v. Ford, No. 19 Civ. 9600 (S.D.N.Y. Aug. 18, 2023). A settling CWA defendant that filled wetlands, channelized streams, and discharged process wastewater and other pollutants from a concentrated animal feeding operation without a permit and violated the terms of a construction stormwater permit must restore approximately 18 acres of wetlands and two streams and pay a $200,000 civil penalty.

EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.

United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.

United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.

EPA announced the availability of and seeks comment on the document entitled “White Paper: Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2—Supplemental Evaluation including Legacy Uses and Associated Disposals of Asbestos” and related charge questions.

DOD, the General Services Administration, and NASA proposed to amend the Federal Acquisition Regulation to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable.

The Office of Management and Budget seeks comment on proposed guidance for assessing changes in environmental and ecosystem services in benefit-cost analysis.

United States v. Jackson, Mississippi, City of, No. 3:12-cv-790-HTW-LGI (S.D. Miss. July 26, 2023). A proposed stipulated order under the CWA places the operation of the sewer system of the City of Jackson, Mississippi, under the control of an interim third-party manager and requires the manager to perform substantial work, including addressing more than 200 emergency sewer failure locations, addressing prohibited bypasses of treatment prior to discharging wastewater into the Pearl River, and implementing management, operations, and maintenance programs.