United States v. Transocean Offshore Deepwater Drilling Inc., No. 4:23-cv-03317 (S.D. Tex. Sept. 6, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without obtaining coverage under an NPDES general permit and exceeded effluent limitations prescribed by the general permit must develop and implement a compliance system to ensure future compliance with the CWA and the general permit, and pay a $507,000 civil penalty.

EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.

EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.

EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.

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.

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.

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

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.

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.

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.