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88 FR 60887

NOAA created a temporary special use area for coral restoration located approximately five miles southeast of Tavernier, on the island of Key Largo, within federal waters of Florida Keys National Marine Sanctuary from September 6, 2023, to November 6, 2023.

Analyzing the Consequences of Sackett v. EPA

The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters.

88 FR 59918

EPA approved revisions to the Navajo Nation's primacy program under the SDWA that adopted regulations effectuating the federal Stage 2 Disinfectants and Disinfection Byproducts Rule and the Ground Water Rule.

88 FR 59912

EPA approved revisions to Guam's primacy program under the SDWA that adopted regulations effectuating the federal Revised Total Coliform Rule.

88 FR 57969

United States v. Ford, No. 19 Civ. 9600 (S.D.N.Y. Aug. 18, 2023). A settling CWA defendant that filled wetlands, channelized streams, and discharged process wastewater and other pollutants from a concentrated animal feeding operation without a permit and violated the terms of a construction stormwater permit must restore approximately 18 acres of wetlands and two streams and pay a $200,000 civil penalty.

88 FR 55610

EPA supplemented proposed revisions to Louisiana's Underground Injection Control (UIC) Program to approve a revision to the state's SDWA §1422 UIC program to include Class VI injection well primary enforcement responsibility.

88 FR 55690

EPA approved revisions to Nevada's state primacy program under the SDWA that adopted regulations effectuating the Federal Stage 1 Disinfectants and Disinfection Byproducts Rule.

88 FR 55276

EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.

88 FR 53522

United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.

88 FR 51812

EPA approved revisions to Ohio’s Public Water System Supervision Program under the SDWA.