The D.C. Circuit upheld EPA's 2022 decision to reinstate a prior waiver of federal preemption of two California regulations concerning automobile emissions under the CAA. States and fossil fuel groups challenged the regulations—a standard limiting greenhouse gas emissions and a requirement that a ...
United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80.
SIP Approval: Virginia (second maintenance plan for the 1997 eight-hour ozone NAAQS in the Fredericksburg area).
SIP Proposal: New Jersey (partial approval and partial disapproval of revisions to 2015 ozone infrastructure requirements).
SIP Proposal: Georgia (removal of requirement for enhanced Stage I gasoline vapor recovery systems at existing gasoline dispensing facilities in Catoosa, Richmond, and Walker Counties).
SIP Proposal: North Carolina (revision to approved motor vehicle emissions budgets).
United States v. D.R. Horton, Inc., No. 2:24-cv-00428-AMM (N.D. Ala. Apr. 8, 2024). Under a proposed consent decree, settling CWA defendants that violated stormwater management requirements at 16 homebuilding construction sites must implement specified stormwater management practices, implement a supplemental environmental project that will cost $400,000, and pay a civil penalty of $400,000.
SIP Proposal: Kentucky (updates to geographical boundary description and attainment status designation for the Henderson-Webster nonattainment area for the 2010 sulfur dioxide primary NAAQS).
SIP Proposal: Colorado (base-year emissions inventory for the Denver Metro/North Front Range 2015 eight-hour ozone nonattainment area, certification that existing Air Pollutant Emissions Notice (APEN) program fulfills the CAA’s emission statement rule requirement, and new requirement for annual certification of APEN reported emissions).
EPA proposed to grant a second one-year extension of the attainment date for the Uinta Basin, Utah marginal nonattainment area under the 2015 ozone NAAQS, and to determine that the area attained the standard by the extended attainment date of August 3, 2023.