United States v. Akron, Ohio, City of, No. 09-cv-00272 (N.D. Ohio Feb. 13, 2023). A proposed amendment to a consent decree concerning operation of a municipal wastewater treatment facility and sewer system in violation of the CWA requires the settling defendant to resize a large tunnel (the Northside Interceptor Tunnel) from 23 million gallons to 10.3 million gallons and add a new requirement for sewer separation at one of its combined sewer overflow discharge points that would otherwise be controlled by the Northside Interceptor Tunnel.

United States v. Capital Region Water, No. 1:15-cv-00291-CCC (M.D. Pa. Feb. 13, 2023). Under a proposed modification to a partial consent decree, CWA defendants must perform injunctive measures to ensure that the sewer system is capable of meeting capture goals in a Long-Term Control Plan in connection with alleged unpermitted discharges from the sewer system in Harrisburg, failure to comply with EPA’s 1994 Combined Sewer Overflow Control Policy, and failure to comply with other requirements of sewer and stormwater NPDES permits.

The Natural Resources Conservation Service responded to comments received during a listening session, on December 17, 2020, for public input about water quantity in the western United States as it relates to existing Service programs and the subsequent public comment period, which closed on January 19, 2021, and identified the actions that the Service has taken and will be taking in the months ahead.

EPA released the updated Clean Water Act Financial Capability Assessment Guidance, which may be used by municipalities when making certain water quality decisions and when developing or revising plans to dramatically reduce sewer overflows.

EPA issued a final determination under CWA §404 prohibiting the specification of and restricting the use for specification of certain waters in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble deposit, a copper-, gold-, and molybdenum-bearing ore body located in Southwest Alaska.

The Rural Utilities Service issued a final rule with a request for comment to revise the §306C water and waste disposal loans and grants program regulations to implement changes recommended by Government Accountability Office audit report GAO 18-309, "Drinking Water and Wastewater Infrastructure Opportunities Exist to Enhance Federal Agency Needs Assessment and Coordination on Tribal Projects" issued on May 15, 2018.

United States v. Lynden, Inc., No. 2:23-cv-00101 (W.D. Wash. Jan. 24, 2023). Settling CERCLA, CWA, and OPA defendants that released hazardous substances and discharged oil from facilities along and near the Lower Duwamish River must pay $556,250 for natural resource damages; purchase restoration credits in a restoration project constructed along the Lower Duwamish River by a project developer to serve as a restoration credit bank; and pay their equitable share of assessment costs.

The Army Corps of Engineers seeks comment on any provisions in the Water Resources Development Act of 2022.

EPA and the Department of the Army finalized a rule defining the scope of waters protected under the CWA.

NOAA administratively withdrew the amendatory instructions and associated regulatory text of the interim final rule published on May 13, 2022, that amended the National Marine Sanctuaries program regulations, replacing it with slightly revised amendatory instructions and regulatory text for a few provisions that were in the interim final rule.