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.

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.

FERC amended the Uniform System of Accounts for public utilities and licensees to create new accounts for wind, solar, and other renewable generating assets; create a new functional class for energy storage accounts; codify the accounting treatment of environmental credits; and create new accounts within existing functions for computer hardware, software, and communication equipment.

United States v. Waco Oil & Gas Co., Inc., No. 23-cv-00078 (N.D.W. Va. Sept. 28, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without a permit into waters of the United States must restore impacted areas, perform mitigation, and pay a civil penalty.

United States v. Mount Vernon, No. 18-5845 (S.D.N.Y. Sept. 19, 2023). Under a proposed consent decree, a settling CWA defendant must take steps necessary to bring its municipal separate storm sewer system into compliance and pay a $100,000 civil penalty.

EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.

EPA Region 1 announced the availability of the draft NPDES non-contact cooling water general permit for discharges to certain waters of the Commonwealth of Massachusetts and the state of New Hampshire.

United States v. Transocean Offshore Deepwater Drilling Inc., No. 4:23-cv-03317 (S.D. Tex. Sept. 6, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without obtaining coverage under an NPDES general permit and exceeded effluent limitations prescribed by the general permit must develop and implement a compliance system to ensure future compliance with the CWA and the general permit, and pay a $507,000 civil penalty.

EPA and the Department of the Army amended the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the CWA in Sackett v. EPA.