NMFS proposed to modify the regulations for Marine Mammal Protection Act §104 permits, including scientific research, enhancement, photography, and public display permits and letters of confirmation.

DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.

United States v. Dow Silicones Corp., No. 19-11880 (E.D. Mich. Apr. 24, 2024). A proposed consent decree modification extends a deadline for a settling CWA defendant’s implementation of a stormwater capacity and pollutant evaluation from January 24, 2023, to January 24, 2026, and also includes requirements to mitigate any environmental harm associated with the extension of the deadline.

EPA revised the water quality standards (WQS) regulation under the CWA to add requirements for states establishing WQS in waters where tribes hold and assert rights to CWA-protected aquatic and aquatic-dependent resources reserved through treaties, statutes, or executive orders.

EPA entered into a proposed settlement agreement under the CAA in Nevada Cement Co., LLC v. EPA, Nos. 23-682 and 23-1098 (9th Cir.), that would establish a process and deadlines by which plaintiff would apply to EPA for a case-by-case emissions limit request for its Fernley, Nevada, facility, in exchange for agreeing to lift a judicial stay. 

EPA granted a treatment variance, requested by DOE, from the Land Disposal Restrictions treatment standards for approximately 2,000 gallons of mixed hazardous low-activity radioactive waste from DOE’s Test Bed Initiative for the Hanford Site in Washington State. 

CEQ finalized its “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA. 

DOE established energy performance standards for the new construction and major renovation of federal buildings per the Energy Conservation and Production Act, as amended by the Energy Independence and Security Act of 2007. 

BLM updated procedures governing the Bureau’s renewable energy and right-of-way programs, focusing on two main topics: solar and wind energy generation rents and fees; and agency discretion to process applications for solar and wind energy generation rights-of-way inside designated leasing areas. 

SIP Approval: New Hampshire (revisions to establish nitrogen oxide reasonably available control technology requirements for coal-fired cyclone boilers).