United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements. 

FWS proposed to designate approximately 930 acres in Churchill County, Nevada, as critical habitat for the Dixie Valley toad under the ESA. 

FWS removed approximately 64,797 acres of land within Arizona from the designation of critical habitat for the jaguar to comply with a court order. 

FWS designated approximately 1,213,752 acres in northwestern California and southwestern Oregon as critical habitat for the coastal distinct population segment of Pacific marten under the ESA.

SIP Proposal: North Carolina (correction of erroneous incorporation of cross-references related to permitting rules).

EPA granted the New Hampshire Department of Environmental Services the authority to implement and enforce the state’s amended Asbestos Disposal Site Rule in place of the national emission standard for asbestos provisions for inactive waste disposal sites. 

NMFS announced a 90-day finding on a petition to list the Gulf of Alaska Chinook salmon as a threatened or endangered species under the ESA, and to designate critical habitat concurrent with the listing, finding that listing may be warranted and commencing a status review. 

SIP Proposal: New York (revisions to meet requirements for the 2008 and 2015 ozone NAAQS for the Sylvamo Ticonderoga Mill).

EPA announced that the limited maintenance plan for fine particulate matter (PM2.5) for the New Jersey portion of the New York-Northern New Jersey-Long Island, NNJ-NY-CT, and Philadelphia-Wilmington, PA-NJ-DE, PM2.5 maintenance areas is adequate for transportation conformity purposes.

EPA provided notice of upcoming public meetings that will be jointly held by the White House Environmental Justice Advisory Council and the White House Environmental Justice Interagency Council, consistent with Executive Order No. 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All.