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88 FR 71856

EPA announced the availability of proposed interim registration review decisions for bromine, chlorothalonil, and triadimefon, and proposed final registration review decisions for Agrobacterium rodiobacter and porcine zona pellucida.

88 FR 71853

EPA announced the availability of preliminary work plans for the following chemicals: Aureobasidium pullulans and cyflumetofen. 

88 FR 71360

EPA announced a 60-day public comment period associated with the release of the draft Integrated Risk Information System toxicological review of inorganic arsenic.

88 FR 70516

EPA finalized reporting and recordkeeping requirements for per- and polyfluoroalkyl substances under TSCA.

88 FR 69235

United States v. Hamilton County Water and Wastewater Treatment Authority, No. 23-cv-00225 (E.D. Tenn. Sept. 29, 2023). Under a proposed consent decree, a settling CWA defendant that allegedly discharged to waters of the United States without an NPDES permit and violated the operations and maintenance conditions of its NPDES permit must perform injunctive relief and pay a civil penalty of $598,490.

88 FR 68672

United States v. Waco Oil & Gas Co., Inc., No. 23-cv-00078 (N.D.W. Va. Sept. 28, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without a permit into waters of the United States must restore impacted areas, perform mitigation, and pay a civil penalty.

Sackett and the Unraveling of Federal Environmental Law

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence. This Comment delves into both of these issues, providing some background on the unique and long-running controversy that was at the heart of Sackett, and parsing the four opinions from the case.

88 FR 66897

United States v. Mount Vernon, No. 18-5845 (S.D.N.Y. Sept. 19, 2023). Under a proposed consent decree, a settling CWA defendant must take steps necessary to bring its municipal separate storm sewer system into compliance and pay a $100,000 civil penalty.

88 FR 66558

EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.

88 FR 65389

EPA Region 1 announced the availability of the draft NPDES non-contact cooling water general permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.