United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

EPA announced the availability of and seeks comment on a document that announces several proposed changes to the Agency's Safer Choice Standard, including a name change to the Safer Choice and Design for the Environment Standard.

SIP Approval: New York (reasonably available control technology requirements for serious classification of the 2008 and moderate classification of the 2015 eight-hour ozone NAAQS; ozone transport region requirements for the 2015 eight-hour ozone NAAQS; requirements for ozone nonattainment new source review program, nonattainment emission inventory, and clean fuels for fleets; and reasonable further progress plans and motor vehicle emissions budgets for both moderate and serious classifications of the 2008 eight-hour ozone NAAQS).

EPA proposed to approve Alabama’s CAA §111(d) plan that establishes emission limits for existing municipal solid waste (MSW) landfills and provides for the implementation and enforcement of EPA’s emissions guidelines and compliance times for MSW landfills. 

FWS established a nonessential experimental population of the gray wolf in Colorado under the ESA. 

EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

The Federal Highway Administration seeks information on the status of the electric vehicle charger industry. 

United States v. Board of County Commissioners of Hamilton County, No. C-1-02-107 (S.D. Ohio Oct. 25, 2023). A proposed material modification to a consent decree under the CAA moves two projects back in priority order; changes the descriptions and design criteria for a few projects; adds a process to the Wet Weather Improvement Plan (WWIP) to address previously unidentified CSO or SSO outfalls; adds an additional short phase of work to the WWIP’s scheduling process; and makes a few clarifying changes to other aspects of the WWIP. 

FWS removed the plants island bedstraw and Santa Cruz Island dudleya from the Federal List of Endangered and Threatened Plants on the basis of recovery. 

SIP Approval: Colorado (approval of enhanced monitoring element for the 2008 8-hour ozone NAAQS and disapproval of contingency measure element in the Denver Metro/North Front Range nonattainment area).