EPA entered into a proposed consent decree under the CWA in Center for Biological Diversity, v. Regan, No. 3:23-cv-535 (N.D. Cal.) in connection with the Agency’s alleged failure to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate federal standards of performance for discharges incidental to the normal operation of large commercial vessels that would obligate the Agency to sign a decision taking final action by September 23, 2024.

EPA entered into a proposed interim consent decree under the CWA in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.) in connection with the Agency’s alleged inaction concerning the state of Washington’s water quality assessment and listing program and TMDL program that would require Washington to submit three TMDLs to EPA by December 2025 and would prohibit the plaintiff from filing any new TMDL constructive submission lawsuits in Washington for a period of 34 months.

NOAA created a temporary special use area for coral restoration located approximately five miles southeast of Tavernier, on the island of Key Largo, within federal waters of Florida Keys National Marine Sanctuary from September 6, 2023, to November 6, 2023.

United States v. Atlantic Richfield Co., No. 4:23-cv-00050-BMM (D. Mont. Aug. 22, 2023). Under a proposed consent decree, a settling CERCLA defendant must (1) perform certain remedial actions to address soil contamination, (2) pay EPA $464,475.12 in reimbursement of past response costs, and (3) reimburse EPA for future costs, in connection with the release of hazardous substances at the ACM Smelter and Refinery Site in Cascade County, Montana.

EPA approved revisions to the Navajo Nation's primacy program under the SDWA that adopted regulations effectuating the federal Stage 2 Disinfectants and Disinfection Byproducts Rule and the Ground Water Rule.

EPA approved revisions to Guam's primacy program under the SDWA that adopted regulations effectuating the federal Revised Total Coliform Rule.

United States v. TCI Pacific Communications, LLC, No. 2:23-cv-06076 (D.N.J. Aug. 21, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay $950,000 for past response costs arising from removal action by the EPA to address lead-contaminated soil at the Barth Smelting Corporation Site in Newark, New Jersey.

United States v. Ford, No. 19 Civ. 9600 (S.D.N.Y. Aug. 18, 2023). A settling CWA defendant that filled wetlands, channelized streams, and discharged process wastewater and other pollutants from a concentrated animal feeding operation without a permit and violated the terms of a construction stormwater permit must restore approximately 18 acres of wetlands and two streams and pay a $200,000 civil penalty.

EPA proposed to enter into a cost recovery settlement agreement under CERCLA with Crown Container Transfer Station Co., Inc. concerning the Frankfort Asbestos Superfund site in Frankfort, New York.

United States v. NCR Corp., No. 1:19-cv-01041 (W.D. Mich. Aug. 11, 2023). A proposed agreed modification to a consent decree governs how a settling CERCLA defendant will pay response costs and perform response work at the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund site in Michigan.