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Trenton Threatened Skies, Inc. v. Federal Aviation Administration

The Third Circuit denied petitions to review FAA's FONSI decision approving construction of a new terminal at an airport in New Jersey. Petitioners argued FAA erroneously determined that the project did not expand the terminal and would not induce air traffic growth, failed to consider the cumulativ...

89 FR 3922

EPA entered into a proposed settlement agreement under RCRA and CERCLA with St. Croix Petrochemical Corporation (SCPC), under which SCPC would transfer its remaining assets of approximately $1.7 million to help fund remediation of contamination caused by SCPC’s former Hovensa refinery in St. Croix, U.S. Virgin Islands. 

89 FR 2983

United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.

89 FR 2944

EPA adopted DOE’s electric vehicle charging stations categorical exclusion under NEPA.

89 FR 2214

The Defense Advanced Research Projects Agency adopted the Department of the Navy’s categorical exclusion under NEPA for the installation and operation of passive scientific measurement devices. 

88 FR 88913

EPA announced the release of and seeks comment on the Waste Reduction Model (WARM) version 16 and its supporting documentation. 

88 FR 86383

In re: Mallinckrodt PLC, No. 20-12522 (D. Del. Dec. 4, 2023). A proposed settlement agreement grants the United States an allowed unsecured claim against a settling CERCLA defendant on behalf of DOI in the amount of $56,880,784, and for EPA in the amount of $499,216, for past costs and future liability as a potential liable party at the Sangamo Electric Dump/Crab Orchard National Wildlife Refuge Site. 

88 FR 86381

United States v. Heritage-Crystal Clean, LLC, No. 1:22-cv-00303 (N.D. Ill. Dec. 7, 2023). Under a proposed consent decree, a settling RCRA defendant that allegedly violated various hazardous waste management requirements at five of its facilities must comply with extensive measures to assure its facilities do not manage used parts washing solvent that is subject to regulation as hazardous waste and pay civil penalties totaling $1,162,500.

88 FR 86383

United States v. TCI Pacific Communications LLC, No. 23-4218 (C.D. Ill. Dec. 5, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay a total of $368,831.16 in EPA’s response costs and perform remedial work with respect to Operable Unit 4 of the DePue/New Jersey Zinc/Mobil Chemical Corp. Superfund Site in DePue, Illinois. 

88 FR 86382

United States v. Wyeth Holdings LLC, No. 2:23-cv-22922 (D.N.J. Dec. 6, 2023). Under a proposed consent decree, a settling CERCLA defendant that allegedly released hazardous substances at or from the American Cyanamid Superfund Site in Somerset County, New Jersey, causing injury to floodplains, riparian areas, and wetlands adjacent to the site and the biota supported by these habitats, must undertake and fund the “Duke Farms Forested Floodplain Restoration Project,” which will restore 112 areas of former farmland located upstream of the site on the Raritan River to a natural habitat, as well as pay for assessment and oversight costs.