NMFS withdrew its November 27, 2020, proposed rule to designate 17 island units of critical habitat in the Pacific Islands Region for seven Indo-Pacific coral species listed under the ESA, and proposed a new rule to designate critical habitat for five of the seven coral species that were addressed in the 2020 proposed rule.

FWS announced findings that the following seven species are not warranted for listing as endangered or threatened species under the ESA: Edison's ascyrum, Florida (lowland) loosestrife, Florida pinesnake, mimic cavesnail, northern cavefish, smallscale darter, and Texas troglobitic water slater.

United States v. Electron Hydro, LLC, No. 2:20-CV-1746-JCC (W.D. Wash. Nov. 20, 2023). Under a proposed consent decree, settling CWA defendants whose construction activity at a hydroelectric facility on the Puyallup River in Pierce County, Washington, allegedly involved illegal discharges into waters of the United States and violations of Army Corps of Engineers and state of Washington permits must pay a $1.025 million civil penalty, conduct surveys of stretches of the Puyallup River to recover discharged materials, implement best management practices at the construction site, hire a separate firm to review upcoming permit application materials, and place a 72-acre parcel of land into conservation in perpetuity.

All 10 EPA regions seek comment on the draft 2026 NPDES pesticide general permit, which covers point source discharges from the application of pesticides to waters of the United States.

EPA announced the availability of draft guidance on applying the U.S. Supreme Court's recent decision in County of Maui v. Hawaii Wildlife Fund in the CWA §402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.

FWS reopened the comment period on its October 18, 2022, proposed rule to list the Kern Canyon slender salamander and the relictual slender salamander under the ESA and to designate critical habitat, in order to allow opportunity for interested parties to comment on the new areas the Agency is considering for relictual slender salamander critical habitat, small changes to Kern Canyon slender salamander critical habitat, and updates to the physical or biological features for the Kern Canyon slender salamander.

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. 

FWS established a nonessential experimental population of the gray wolf in Colorado under the ESA. 

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. 

FWS removed the plants island bedstraw and Santa Cruz Island dudleya from the Federal List of Endangered and Threatened Plants on the basis of recovery.