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.

FWS initiated five-year status reviews under the ESA for 59 animal and plant species.

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.  

FWS determined endangered species status under the ESA for the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, Balcones spike, and false spike, determined threatened species status for the Texas fawnsfoot, and designated approximately 1,577.5 river miles in total as critical habitat for the seven species of freshwater mussels in central Texas. 

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. 

NMFS announced its 90-day finding on a petition to list the Delaware River population of Atlantic sturgeon as an endangered distinct population segment (DPS) of Atlantic sturgeon under the ESA and to designate critical habitat for the DPS, finding the petition does not present substantial scientific or commercial information indicating action may be warranted and denying the petition. 

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. 

FWS proposed to designate approximately 930 acres in Churchill County, Nevada, as critical habitat for the Dixie Valley toad under the ESA.