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89 FR 46908

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. 

89 FR 45806

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. 

89 FR 43331

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. 

89 FR 40361

The president issued Proclamation No. 10746 of May 2, 2024, expanding the boundaries of the San Gabriel Mountains National Monument.

89 FR 39531

The president issued Proclamation No. 10745 of May 2, 2024, expanding the boundaries of the Berryessa Snow Mountain National Monument.

89 FR 40308

BLM finalized a rule that applies land health standards to all Bureau-managed public lands and uses, codifies conservation tools to be used within FLPMA's multiple-use framework, revises existing regulations concerning designation and protection of areas of critical environmental concern, and provides an overarching framework to facilitate ecosystem resilience on public lands. 

89 FR 39124

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

89 FR 38950

EPA established requirements for legacy coal combustion residuals (CCR) surface impoundments, as well as CCR management units at active CCR facilities and at inactive CCR facilities with a legacy CCR surface impoundment. 

89 FR 36832

United States v. French Limited, Inc., No. 4:89-cv-2544 (S.D. Tex. Apr. 26, 2024). A fourth modification to a 1990 consent decree under CERCLA concerning contamination at the French Limited Superfund Site near Crosby, Texas, revises work requirements, provides for the reimbursement to EPA of certain response costs, and provides for the disbursement to members of the working group of funds received by EPA in a bankruptcy settlement payment for the site.

Shipping's Fair Share

In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.