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.
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.
The National Highway Traffic Safety Administration proposed new fuel economy standards for passenger cars and light trucks and fuel efficiency standards for model years 2027-31, new fuel efficiency standards for heavy-duty pickup trucks and vans for model years 2030-35, and augural standards for model year 2032 passenger cars and light trucks.
DOE proposed to amend its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.
EPA proposed comprehensive revision to the regulations governing CWA §404 tribal and state programs.
DOE’s Office of Fossil Energy and Carbon Management requests information regarding the launch of its “Responsible Carbon Management Initiative” to recognize and encourage project developers and others in industry to pursue the highest levels of safety, environmental stewardship, accountability, community engagement, and societal benefits in carbon management projects.
United States v. FrieslandCampina Ingredients North America, Inc. No. 3:23-cv-00937-TJM-ML (N.D.N.Y. Aug. 2, 2023). A settling CAA and CWA defendant that allegedly failed to obtain a modification to its title V CAA permit before its hydrolyzed protein powder facility in Delhi, New York, became a major source of volatile organic compound (VOC) emissions; perform a reasonably available control technology (RACT) demonstration and implement RACT before commencing operation of a major source of VOC emissions; obtain a permit before constructing a new, modified, or existing air contamination source at the facility; and report and maintain annual reports of its VOC emissions must reduce harmful toluene emissions through the installation and operation of pollution controls, comply with its permits, and pay a $2,880,000 civil penalty.
United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.
United States v. Jackson, Mississippi, City of, No. 3:12-cv-790-HTW-LGI (S.D. Miss. July 26, 2023). A proposed stipulated order under the CWA places the operation of the sewer system of the City of Jackson, Mississippi, under the control of an interim third-party manager and requires the manager to perform substantial work, including addressing more than 200 emergency sewer failure locations, addressing prohibited bypasses of treatment prior to discharging wastewater into the Pearl River, and implementing management, operations, and maintenance programs.