United States v. Brock Maslonka, No. 2:20-cv-304-SAB, (E.D. Wash. July 14, 2023). A settling CWA defendant must restore impacted areas, perform mitigation, and pay a civil penalty for discharging pollutants without a permit into waters of the United States.

The Bureau of Ocean Energy Management released the final notice of sale for commercial wind energy leasing on the outer continental shelf in the Gulf of Mexico. 

EPA identified certain additional water quality-limited segments for West Virginia’s Combined 2018-2020-2022 Section 303(d) list and seeks comment on those additions.

United States v. Boise Cascade Corp., No. 97-cv-1704 (TJM) (N.D.N.Y. July 12, 2023). A proposed second amendment to a consent decree includes an ability-to-pay-cash-out settlement with one of the settling CERCLA defendants in which it will pay $150,000 and be removed as a settling defendant responsible for future work and costs at the Sealand Superfund Restoration site in Lisbon, New York.

EPA announced a proposed administrative settlement agreement under CERCLA and RCRA concerning the Delphi 1 Anderson Site in Anderson, Indiana.

EPA Region 10 proposed to modify the NPDES general permit for concentrated animal feeding operations in Idaho excluding tribal lands.

EPA entered into a proposed settlement agreement under the CWA and the APA in Gunpowder Riverkeeper v. Regan, No. 1:20-cv-02063 (D.D.C.), concerning allegations that the Agency's approval of Maryland’s submission of TMDLs of PCBs for the Gunpowder and Bird Rivers was arbitrary and capricious in violation of the APA.

United States v. J.R. Simplot Co., No. 1:23-cv-322 (D. Wyo. July 11, 2023). A settling RCRA, CAA, CERCLA, and EPCRA defendant must pay a $1.5 million civil penalty; implement compliance projects at its phosphoric acid and fertilizer manufacturing plant located near Pocatello, Idaho, known as the Don Plant; comply with specified requirements for management of wastes or other materials at the facility and in the facility’s phosphogypsum stack system; comply with specified requirements for the eventual closure and long-term care of the facility and provide financial assurance to cover the estimated cost of such obligations; continue groundwater and surface monitoring and reporting as required by a prior CERCLA consent decree; comply with specified operational practices for air emissions controls and replace the existing cooling towers with cooling pond(s) to reduce fluoride emissions into the air from the Don Plant; and revise the annual Toxic Chemical Release Inventory Reporting Forms it submitted under EPCRA for years 2004-2012 to include estimates of compounds that previously were not included.

EPA added a diisononyl phthalate category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act.