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. 

FWS removed approximately 64,797 acres of land within Arizona from the designation of critical habitat for the jaguar to comply with a court order. 

FWS designated approximately 1,213,752 acres in northwestern California and southwestern Oregon as critical habitat for the coastal distinct population segment of Pacific marten under the ESA.

The Pipeline and Hazardous Materials Safety Administration proposed overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. 

NMFS announced a 90-day finding on a petition to list the Gulf of Alaska Chinook salmon as a threatened or endangered species under the ESA, and to designate critical habitat concurrent with the listing, finding that listing may be warranted and commencing a status review. 

FWS determined endangered species status for the dunes sagebrush lizard under the ESA. 

EPA updated the list of chemicals subject to toxic chemical release reporting under EPCRA and the Pollution Prevention Act to identify seven per- and polyfluoroalkyl substances that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020. 

NMFS proposed to issue protective regulations under §4(d) of the ESA for the conservation of the threatened oceanic whitetip shark. 

EPA designated two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under CERCLA.