United States v. Nicholson, No. C01-809RBL (W.D. Wash. Sept. 28, 2011). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty, must perform mitigation, and must enter into a separate agreement with the Lummi Nation regarding a shore defense structure.

FWS announced a 12-month finding on a petition to list the blue-headed macaw and the grey-cheeked parakeet as threatened or endangered under the ESA; the agency found that listing is not warranted.

FWS announced a 12-month finding on a petition to list the northern leatherside chub as endangered or threatened and to designate critical habitat under the ESA; the agency found that listing is not warranted.

FWS announced a 12-month finding on a petition to list a Puerto Rican tree frog as endangered and to designate critical habitat under the ESA; the agency found that listing the species is warranted throughout its range and designated approximately 615 acres of a freshwater wetland as critical habitat.

FWS proposed to designate approximately 53 river miles in Kentucky and Tennessee as critical habitat for the Cumberland darter; 42 river miles and 22 acres in Alabama as critical habitat for the rush darter; 98 river miles in Arkansas as critical habitat for the yellowcheek darter; 20 river miles in Tennessee as critical habitat for the chucky madtom; and 26 river miles in Tennessee as critical habitat for the laurel dace.