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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the February 2023 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.

Article overviews and excerpts are below. The complete February issue can be found here.
Final Rule Defining Clean Water Act ‘Waters of the United States’ Published in Federal Register 
By Tiffany Michou and Rebecca Andrews

Based on recent history, it is reasonable to expect legal challenges to the final rule. Moreover, the U.S. Supreme Court is expected to issue a ruling this year in Sackett v. EPA, a case argued in October 2022, which focuses on the question of how regulators should interpret WOTUS.

Department of the Interior Announces $85 Million For Western Drought Resilience Projects
By Miles Krieger and Steve Anderson

The drought resilience funding announced by Interior is part of an overarching and substantial investment in Western water planning efforts by the Bureau, local entities, tribes and others. While it remains to be seen to what extent the funded projects will achieve their objectives, particularly as water tensions in the West appear to be increasing, the funding is a step forward in federal and non-federal efforts to address ongoing drought impacts. 

D.C. Circuit Vacates Hydroelectric Dam License Over Deficiencies with the Clean Water Act Water Quality Certification
By Rebecca Andrews

This decision is another case reminding states and project proponents to proceed with caution when attempting to resolve disputes surrounding Section 401 water quality certifications under the Clean Water Act.

Reprinted with permission from the February 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

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