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89 FR 9866
United States v. Lowell, Massachusetts, City of, No. 1:24-cv-10290 (D. Mass. Feb. 5, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly engaged in unpermitted and illegal discharges from its wastewater collection system and small municipal separate storm sewer system must take measures necessary to achieve and maintain compliance and pay a $200,000 civil penalty for past noncompliance.
89 FR 8249
United States v. Guam Waterworks Authority, No. 04-00004 (D. Guam Jan. 30, 2024). Under a proposed partial consent decree, a settling CWA defendant that discharged excess pollutants from and failed to maintain its wastewater system must implement an estimated $400 million in wastewater collection system improvements and conduct a feasibility study for improvements to the Hagåtña wastewater treatment plant.
89 FR 8248
United States v. Holly Energy Partners-Operating, L.P., No. 5:24-cv-00107 (W.D. Okla. Jan. 29, 2024). Under a proposed consent decree, settling CWA defendants that allegedly discharged about 300,000 gallons of crude oil into Skull Creek near Cushing, Oklahoma, must pay $7.4 million in civil penalties and perform corrective measures to remedy the violations.
Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.