Articles | 04/15/2023
Environmental, Energy & Climate Change Law and Regulation Reporter
BBK Attorneys Discuss Recent Environmental Investigations and Judicial Developments in March Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the March 2023 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.
Article overviews and excerpts are below. The complete March issue can be found here.
California Department of Water Resources Approves New Groundwater Sustainability Plans for Northern State
By Elleasse Taylor and Steve Anderson
The Department of Water Resource’s approval of the four GSPs in northern California are a positive sign for groundwater sustainability management in the region. However, DWR’s continuing oversight role in actually achieving sustainability is clear in its approval of the GSPs. It remains to be seen to what extent the GSAs will pursue or satisfy the corrective actions recommended by DWR, and what role accomplishing those actions will play in DWR’s subsequent review of the GSPs in five years.
Fifth Circuit Affirmed Order to Remand for the Port of Corpus Christi Authority Regarding Dredging Operations
By Tiffany Michou and Rebecca Andrews
This case provides a detailed analysis and clarity on the bases for removal and other general federal principles.
Fifth Circuit Upholds Permit For Oil and Gas Facility on Wetlands
By Caroline Martin and Rebecca Andrews
The Fifth Circuit’s decision in this case further defines the term “least environmentally damaging practicable alternative” for section 404 permits, and holds that the alternative must be practicable cost-wise and must not be overly burdensome for a permittee to implement. The decision grants great deference to the Corps in determining both the LEDPA and whether compensatory mitigation is required for adverse environmental impacts.
Reprinted with permission from the March issue of the Law and Regulation Reporter, Copyright © 2023, Argent Communications Group (ACG). All rights reserved. No further reproduction or dissemination is permitted without separate consent from ACG, 530-852-7222 or Reporters@argentco.com.
Article overviews and excerpts are below. The complete March issue can be found here.
California Department of Water Resources Approves New Groundwater Sustainability Plans for Northern State
By Elleasse Taylor and Steve Anderson
The Department of Water Resource’s approval of the four GSPs in northern California are a positive sign for groundwater sustainability management in the region. However, DWR’s continuing oversight role in actually achieving sustainability is clear in its approval of the GSPs. It remains to be seen to what extent the GSAs will pursue or satisfy the corrective actions recommended by DWR, and what role accomplishing those actions will play in DWR’s subsequent review of the GSPs in five years.
Fifth Circuit Affirmed Order to Remand for the Port of Corpus Christi Authority Regarding Dredging Operations
By Tiffany Michou and Rebecca Andrews
This case provides a detailed analysis and clarity on the bases for removal and other general federal principles.
Fifth Circuit Upholds Permit For Oil and Gas Facility on Wetlands
By Caroline Martin and Rebecca Andrews
The Fifth Circuit’s decision in this case further defines the term “least environmentally damaging practicable alternative” for section 404 permits, and holds that the alternative must be practicable cost-wise and must not be overly burdensome for a permittee to implement. The decision grants great deference to the Corps in determining both the LEDPA and whether compensatory mitigation is required for adverse environmental impacts.
Reprinted with permission from the March issue of the Law and Regulation Reporter, Copyright © 2023, Argent Communications Group (ACG). All rights reserved. No further reproduction or dissemination is permitted without separate consent from ACG, 530-852-7222 or Reporters@argentco.com.
