89 FR 26932
United States v. Villegas, No. 1:24-cv-962 (D. Colo. Apr. 10, 2024). Under a proposed consent decree, settling CWA defendants that discharged pollutants without a permit into waters of the United States must restore impacted areas.
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89 FR 26930
United States v. Lexington-Fayette Urban County Government, No. 5:06-cv-386-KSF (E.D. Ky. Apr. 10, 2024). A proposed material modification to a consent decree concerning alleged violations of the CWA stemming from the settling defendant's operation of its sanitary sewer system and wastewater treatment plant extends the final compliance deadline for remedial projects by four years to December 31, 2030, and makes changes to reporting frequency and methods.
89 FR 26931
United States v. Grindstone Indian Rancheria of Wintun-Wailaki Indians of California, No. 2:24-cv-01044-KJM-CKD (E.D. Cal. Apr. 9, 2024). Under a proposed consent decree, a settling SDWA defendant must pay a civil penalty of $8,963 and perform injunctive relief measures including demonstrating compliance with surface water treatment requirements, providing boil water notices and alternative water supply, and developing and implementing an extensive operation and maintenance plan for the Grindstone Indian Rancheria Public Water System.
89 FR 25901
United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80.
89 FR 25672
United States v. D.R. Horton, Inc., No. 2:24-cv-00428-AMM (N.D. Ala. Apr. 8, 2024). Under a proposed consent decree, settling CWA defendants that violated stormwater management requirements at 16 homebuilding construction sites must implement specified stormwater management practices, implement a supplemental environmental project that will cost $400,000, and pay a civil penalty of $400,000.
89 FR 24758
EPA proposed to promulgate a CWA chronic aquatic life ambient water quality criterion for waters under the state of Idaho’s jurisdiction to protect aquatic life from exposure to harmful concentrations or levels of total mercury.
Climate Justice Litigation in the United States—A Primer
Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.
The Promise and Peril of State Corporate Climate Disclosure Laws
On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.
89 FR 22140
EPA entered into a proposed consent decree in Sierra Club v. EPA, No. 3:24-cv-00130 (S.D.W. Va.), concerning allegations that the Agency failed to perform a mandatory duty under the CWA to establish TMDLs for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity.
89 FR 21924
EPA finalized facility response plan requirements for worst case discharges of CWA hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.