DOE proposed to amend its implementing procedures governing compliance with NEPA, by adding a categorical exclusion for certain energy storage systems and revising categorical exclusions for upgrading and rebuilding transmission lines and for solar photovoltaic systems, as well as making conforming changes to related sections of the Department’s NEPA regulations.

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. 

The Federal Highway Administration seeks information on the status of the electric vehicle charger industry. 

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. 

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. 

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.

The Department of Homeland Security (DHS) adopted DOE’s electric vehicle charging stations categorical exclusion pursuant to §109 of NEPA to use for proposed DHS actions.

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. 

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.