Skip To Content
Site Search and Main Navigation Modal
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

Related Resources

Cookie Notice

By clicking “Agree,” you agree to the storing of cookies on your device to enhance website navigation, analyze website usage and assist in our marketing efforts. View our Cookie Notice here.