Articles | 08/15/2023
July 2023 - Environmental, Energy & Climate Change Law and Regulation Reporter
BBK Attorneys Discuss Recent Environmental Investigations and Judicial Developments in July Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the July 2023 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.
Article overviews and excerpts are below. The complete July issue can be found here.
California Governor Newsom Signs Executive Order That May Benefit Water Storage and Infrastructure Projects
By Miles Krieger and Steve Anderson
Projects for water storage and groundwater storage, such as those funded by Proposition 1, will likely be identified by the Strike Team as projects where federal and state funding opportunities can be maximized to increase water infrastructure and resiliency. Thus, they may benefit from not only additional funding, but from processes to streamline and expedite the projects. It remains to be seen what regulatory or other changes will be made to streamline and expedite proper review of such projects and whether those projects will move forward.
Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities
By Uriel Salvidar and Rebecca Andrews
The case emphasizes the need to provide evidence regarding how a methodology that relies on land use codes or classes of property, which is used by three-quarters of cities, fairly captures variability within the land use code or property class.
Eleventh Circuit Dismisses Clean Water Act Citizen Suit Based on Diligent Prosecution Bar
By Cara Vincent Williams and Rebecca Andrews
This case upholds the rule that the creation and use of a consent decree between the government and a party in violation of the CWA can serve as evidence of diligent prosecution under the diligent prosecution bar of a citizen suit.
Reprinted with permission from the July 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 July issue can be found here.
California Governor Newsom Signs Executive Order That May Benefit Water Storage and Infrastructure Projects
By Miles Krieger and Steve Anderson
Projects for water storage and groundwater storage, such as those funded by Proposition 1, will likely be identified by the Strike Team as projects where federal and state funding opportunities can be maximized to increase water infrastructure and resiliency. Thus, they may benefit from not only additional funding, but from processes to streamline and expedite the projects. It remains to be seen what regulatory or other changes will be made to streamline and expedite proper review of such projects and whether those projects will move forward.
Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities
By Uriel Salvidar and Rebecca Andrews
The case emphasizes the need to provide evidence regarding how a methodology that relies on land use codes or classes of property, which is used by three-quarters of cities, fairly captures variability within the land use code or property class.
Eleventh Circuit Dismisses Clean Water Act Citizen Suit Based on Diligent Prosecution Bar
By Cara Vincent Williams and Rebecca Andrews
This case upholds the rule that the creation and use of a consent decree between the government and a party in violation of the CWA can serve as evidence of diligent prosecution under the diligent prosecution bar of a citizen suit.
Reprinted with permission from the July 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.
