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88 FR 76858

United States v. Board of County Commissioners of Hamilton County, No. C-1-02-107 (S.D. Ohio Oct. 25, 2023). A proposed material modification to a consent decree under the CAA moves two projects back in priority order; changes the descriptions and design criteria for a few projects; adds a process to the Wet Weather Improvement Plan (WWIP) to address previously unidentified CSO or SSO outfalls; adds an additional short phase of work to the WWIP’s scheduling process; and makes a few clarifying changes to other aspects of the WWIP. 

Hill v. United States Department of the Interior

A district court granted DOI's motion to dismiss a lawsuit concerning tribal water rights on the Crow Reservation in Montana. Tribal members who hold property on the reservation challenged the 2010 Crow Tribe Water Rights Settlement Act (Settlement Act), which provided benefits to the tribe in excha...

88 FR 75330

United States v. Revere, Massachusetts, City of, No. 1:10-cv-11460 (D. Mass. Oct. 25, 2023). Under a proposed first modification to a consent decree, a settling CWA defendant must update portions of its Comprehensive Wastewater Management Plan and Comprehensive Stormwater Management Plan by December 31, 2026. 

88 FR 75282

EPA announced the preliminary designation of stormwater discharges from certain commercial, industrial, and institutional sites in two watersheds in Los Angeles County, California, for regulation under the CWA NPDES permitting program. 

Leveraging Earth Law Principles to Protect Ocean Rights

Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.

O'Reilly v. United States Army Corps of Engineers

The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...

88 FR 72476

EPA entered into a proposed consent decree under the CWA in Arizona Mining Reform Coalition v. Guzman (D. Ariz.) that would obligate EPA to establish copper and lead TMDLs for Queen Creek, Arizona, by July 31, 2028, unless the Arizona Department of Environmental Quality first establishes and submits them to EPA by January 31, 2027.

88 FR 72046

NOAA announced that it is beginning the process to identify aquaculture opportunity areas in Alaska state waters to help sustainably advance invertebrate and seaweed aquaculture, in partnership with the state of Alaska. 

Kanawha Forest Coalition v. Keystone WV

A district court granted in part and denied in part summary judgment for environmental groups in a CWA/SMCRA citizen suit concerning the discharge of pollutants from surface coal mines in West Virginia. The groups argued a coal mining company violated the CWA by discharging mining pollutants at Rush...

American Bird Conservancy v. Granholm

A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...