Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in October Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the October 2022 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.
Article overviews and excerpts are below. The complete October issue can be found here.
Federal Inflation Reduction Act Provides Additional Funding For Drought Relief Efforts
By Miles Krieger and Steve Anderson
The Inflation Reduction Act is another substantial effort to provide adequate funding to redress drought impacts. However, as drought conditions in the west worsen, it is unclear if funding for drought mitigation activities will offset ongoing drought impacts. Moreover, it is not clear if funding is available for the development of alternative water supplies, like desalination.
Recent Investigations, Settlements, Penalties and Sanctions
By Andre Monette
Discusses recent investigations and outcomes in matters involving air quality, water quality, chemical regulation and hazardous waste.
Ninth Circuit Limits Waivers Of Clean Water Act Section 401 Certifications
By Rebecca Andrews and McKenzie Schnell
This case limit the holding of Hoopa Valley and clarifies that the long-standing withdrawal-and-resubmission process for Section 401 certification does not amount to coordination if states merely acquiescence in a project applicant’s actions.
Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit For Insufficient Pre-Suit Notice Written By Attorney
By Rebecca Andrews and McKenzie Schnell
This case upholds the standard of sufficient pre-lawsuit notice the Clean Water Act. It suggests that when an attorney prepares the pre-lawsuit notice, the adequacy of the notice may be construed in favor of the recipient.
Reprinted with permission from the October issue of the Law and Regulation Reporter, Copyright © 2022, 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.
