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.
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.
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.
Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing.
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.
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.
NOAA seeks public input to identify coastal and marine spatial data or other critical information to inform marine spatial analyses in Virginia, North Carolina, and South Carolina.
EPA announced the availability of its final general NPDES permit for water discharges from facilities classified as low threat located in the Navajo Nation.
The Bureau of Ocean Energy Management proposed to hold offshore wind lease sales in the Gulf of Mexico for multiple lease areas using a multiple-factor bidding auction format.
United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River.