89 FR 36853
The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.
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89 FR 36681
EPA withdrew from Agency regulation and management two designated ocean dredged material disposal sites, the Nome East and Nome West Sites, located near Nome, Alaska, pursuant to the Marine Protection, Research, and Sanctuaries Act.
89 FR 36679
EPA made an interim final determination that the California Air Resources Board has submitted a revised rule and has also submitted revised rules on behalf of the San Joaquin Valley Unified Air Pollution Control District, Ventura County Air Pollution Control District, and South Coast Air Quality Management District that correct deficiencies in its CAA SIP provisions concerning ozone nonattainment requirements for controlling volatile organic compounds at crude oil and natural gas facilities.
89 FR 36729
SIP Proposal: California (revisions concerning emissions of volatile organic compounds from crude oil and natural gas facilities).
89 FR 36870
EPA proposed revisions to the preconstruction permitting regulations that apply to modifications at existing major stationary sources in the new source review program under the CAA.
89 FR 36833
United States v. Sunoco Pipeline, L.P., No. 1:24-cv-00238-SJD (S.D. Ohio Apr. 29, 2024). Under a proposed consent decree, a settling CWA defendant must pay a civil penalty of $550,000 in addition to $1,250,000 to compensate for harm to natural resources in connection with crude oil escaping from a ruptured pipeline, contaminating waters of the United States, and causing damage to natural resources.
89 FR 35312
DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.
89 FR 35861
United States v. Dow Silicones Corp., No. 19-11880 (E.D. Mich. Apr. 24, 2024). A proposed consent decree modification extends a deadline for a settling CWA defendant’s implementation of a stormwater capacity and pollutant evaluation from January 24, 2023, to January 24, 2026, and also includes requirements to mitigate any environmental harm associated with the extension of the deadline.
89 FR 35717
EPA revised the water quality standards (WQS) regulation under the CWA to add requirements for states establishing WQS in waters where tribes hold and assert rights to CWA-protected aquatic and aquatic-dependent resources reserved through treaties, statutes, or executive orders.
Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement
The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.