EPA Region 6 announced an initial revised designation determination that stormwater discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and Los Alamos National Laboratory property in Los Alamos County and Santa Fe County, New Mexico, are contributing to violations of New Mexico water quality standards and require NPDES permit coverage under the CWA.
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.
United States v. Electron Hydro, LLC, No. 2:20-CV-1746-JCC (W.D. Wash. Nov. 20, 2023). Under a proposed consent decree, settling CWA defendants whose construction activity at a hydroelectric facility on the Puyallup River in Pierce County, Washington, allegedly involved illegal discharges into waters of the United States and violations of Army Corps of Engineers and state of Washington permits must pay a $1.025 million civil penalty, conduct surveys of stretches of the Puyallup River to recover discharged materials, implement best management practices at the construction site, hire a separate firm to review upcoming permit application materials, and place a 72-acre parcel of land into conservation in perpetuity.
All 10 EPA regions seek comment on the draft 2026 NPDES pesticide general permit, which covers point source discharges from the application of pesticides to waters of the United States.
NOAA and EPA seek comment on the proposed finding that Indiana has satisfied all conditions the agencies established as part of their 2008 approval of the state's coastal nonpoint pollution control program.
EPA announced the availability of draft guidance on applying the U.S. Supreme Court's recent decision in County of Maui v. Hawaii Wildlife Fund in the CWA §402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.
EPA invited public comment to inform the domestic availability of multiple products used in the construction, alteration, and/or maintenance of water infrastructure.
United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs.
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.
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.