Articles | 05/15/2023
Environmental, Energy & Climate Change Law and Regulation Reporter
BBK Attorneys Discuss Recent Environmental Investigations and Judicial Developments in April Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the April 2023 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.
Article overviews and excerpts are below. The complete April issue can be found here.
California Department of Water Resources Addresses 12 Central California Groundwater Sustainability Plans
By Miles Krieger and Steve Anderson
DWR is currently reviewing GSP for 61 basins throughout California. It remains to be seen how many more GSPs DWR will reject. For rejected basins, including those whose rejections were announced in March 2023, it is not clear how the State Water Resources Control Board will effectuate a sustainability management plan for each basin. The challenges this may present will likely be compounded by the unique nature of the groundwater basins themselves, as well as the dynamic relationships between local agencies who rely on the groundwater to supply beneficial uses within respective boundaries.
Seventh Circuit Allows Subpoena Seeking Video Footage of Search During Clean Water Act Criminal Investigation
By Caroline Martin and Rebecca Andrews
The Seventh Circuit’s decision in this case demonstrates the broad discretion afforded to federal grand juries tasked with investigating crimes under the Clean Water Act, and the seriousness of allegations involving government misconduct. The court’s decision clarified that searches conducted during Clean Water Act criminal investigations will be deemed relevant in determining whether an indictment should be issued, and that a request for such information is neither unreasonable nor oppressive.
District Court for New Mexico Awards Defendants Their Costs in the Gold King Mine Release
By Rebecca Andrews
This case reminds potential plaintiffs of the risks of bringing an unsuccessful action in federal court. Statutes of limitations questions can be challenging in environmental actions, and as this case demonstrates, a late filing may results in more than just a dismissal of the action. Under Rule 54 of the Federal Rules of Civil Procedure, a successful defendant may receive costs, and if the underlying substantive law allows it, a successful defendant may also receive attorneys’ fees.
Reprinted with permission from the April 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 April issue can be found here.
California Department of Water Resources Addresses 12 Central California Groundwater Sustainability Plans
By Miles Krieger and Steve Anderson
DWR is currently reviewing GSP for 61 basins throughout California. It remains to be seen how many more GSPs DWR will reject. For rejected basins, including those whose rejections were announced in March 2023, it is not clear how the State Water Resources Control Board will effectuate a sustainability management plan for each basin. The challenges this may present will likely be compounded by the unique nature of the groundwater basins themselves, as well as the dynamic relationships between local agencies who rely on the groundwater to supply beneficial uses within respective boundaries.
Seventh Circuit Allows Subpoena Seeking Video Footage of Search During Clean Water Act Criminal Investigation
By Caroline Martin and Rebecca Andrews
The Seventh Circuit’s decision in this case demonstrates the broad discretion afforded to federal grand juries tasked with investigating crimes under the Clean Water Act, and the seriousness of allegations involving government misconduct. The court’s decision clarified that searches conducted during Clean Water Act criminal investigations will be deemed relevant in determining whether an indictment should be issued, and that a request for such information is neither unreasonable nor oppressive.
District Court for New Mexico Awards Defendants Their Costs in the Gold King Mine Release
By Rebecca Andrews
This case reminds potential plaintiffs of the risks of bringing an unsuccessful action in federal court. Statutes of limitations questions can be challenging in environmental actions, and as this case demonstrates, a late filing may results in more than just a dismissal of the action. Under Rule 54 of the Federal Rules of Civil Procedure, a successful defendant may receive costs, and if the underlying substantive law allows it, a successful defendant may also receive attorneys’ fees.
Reprinted with permission from the April 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.
