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. 

EPA proposed a regulatory framework for states and public water systems to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. 

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.

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. 

EPA revised the Consumer Confidence Report Rule in accordance with America’s Water Infrastructure Act of 2018 to require states, territories, and tribes with primary enforcement responsibility to report compliance monitoring data for all national primary drinking water regulations to the Agency.  

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

NOAA and EPA seek comment on the agencies’ proposed finding that Alabama has satisfied each of the conditions the agencies included as part of their 1998 approval of Alabama’s coastal nonpoint pollution control program. 

DOI finalized regulatory amendments to its renewable energy regulations that eliminate unnecessary requirements for the deployment of meteorological buoys, increase survey flexibility, improve the project design and installation verification process, establish a public renewable energy leasing schedule, reform the Bureau of Ocean Energy Management's renewable energy auction regulations, tailor financial assurance requirements and instruments, and clarify safety management system regulations.