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. 

EPA proposed a regulatory framework for states and public water systems to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. 

EPA revised the Consumer Confidence Report Rule in accordance with America’s Water Infrastructure Act of 2018 to require states, territories, and tribes with primary enforcement responsibility to report compliance monitoring data for all national primary drinking water regulations to the Agency.  

NOAA and EPA seek comment on the agencies’ proposed finding that Alabama has satisfied each of the conditions the agencies included as part of their 1998 approval of Alabama’s coastal nonpoint pollution control program. 

DOI finalized regulatory amendments to its renewable energy regulations that eliminate unnecessary requirements for the deployment of meteorological buoys, increase survey flexibility, improve the project design and installation verification process, establish a public renewable energy leasing schedule, reform the Bureau of Ocean Energy Management's renewable energy auction regulations, tailor financial assurance requirements and instruments, and clarify safety management system regulations.

NOAA approved a boundary expansion for the Narragansett Bay National Estuarine Research Reserve in Prudence Island, Rhode Island, under the CZMA.

NOAA approved a boundary expansion for the South Slough National Estuarine Research Reserve in Charleston, Oregon. 

EPA finalized a CWA regulation to revise the technology-based effluent limitations guidelines and standards for the steam electric power generating point source category applicable to flue gas desulfurization wastewater, bottom ash transport water and legacy wastewater at existing sources, and combustion residual leachate at new and existing sources. 

EPA withdrew from Agency regulation and management two designated ocean dredged material disposal sites, the Nome East and Nome West Sites, located near Nome, Alaska, pursuant to the Marine Protection, Research, and Sanctuaries Act.

United States v. Sunoco Pipeline, L.P., No. 1:24-cv-00238-SJD (S.D. Ohio Apr. 29, 2024). Under a proposed consent decree, a settling CWA defendant must pay a civil penalty of $550,000 in addition to $1,250,000 to compensate for harm to natural resources in connection with crude oil escaping from a ruptured pipeline, contaminating waters of the United States, and causing damage to natural resources.