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.
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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.
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.
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 69178
EPA announced its intent to approve revisions to Texas' Public Water System Supervision program.
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.
88 FR 68460
The Bureau of Ocean Energy Management amended its renewable energy regulations to update the definition of “Outer Continental Shelf” and add the definition of “State” in conformity with the Inflation Reduction Act.
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.