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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the November 2022 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.

Article overviews and excerpts are below. The complete November issue can be found here.

Federal Draft Water Infrastructure Bill Introduced Which Aims to Improve California’s Long-Term Water Supply and Regulation Reliability
By Miles Krieger and Steve Anderson

House Resolution 9084 is before the House Committee on Natural Resources. If passed, the bill could cement the substantial increases in the levels of water diverted in the Bay-Delta initially authorized by the 2019 BiOps. Moreover, the bill would expand the list of eligible applicants for federal funding for certain water storage projects as well as generate additional data and administrative actions to increase California’s water storage. Finally, the proposed legislation would protect the contractual expectations of CVP stakeholders from the fluctuating water allocation caused by California’s historic drought.

California Department of Water Resources Announces Steps to Support California in Water Conservation Efforts Amid Severe Drought and Future Climate Change
By Steve Anderson and Elleasse Taylor

Following DWR’s recommendations, the State Water Resources Control Board will meet to evaluate and analyze the plan, as well as allow for public comment on the recommendations before giving a final decision on the matter.

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.

Tenth Circuit Refuses Exclusive Jurisdiction on Ferc-Licensed Project Because Petition Instead Challenged the Corps’ Section 404 Permit
By Amanda Wells and Rebecca Andrews

This case clarifies that an appellate court’s exclusive jurisdiction over FERC orders under the Federal Powers Act is limited to FERC decisions and issues inhering in the controversy of those decisions. A party aggrieved by a FERC order must challenge the merits of FERC’s decision in its petition for relief. This case provides a helpful in-depth factual analysis of the application of an exclusive jurisdiction statute where multiple agencies and multiple analyses are involved.

Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-Suit Notice Written by Attorney
By McKenzie Schnell and Rebecca Andrews

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.

District Court Grants Motion For Remedies, Issues Injunction, But Limits Civil Penalties in Clean Water Act Claims Related to Dredge Mining
By Rebecca Andrews

This case affirms well-established guidelines for providing remedies in the form of injunctive relief and civil penalties for violations of the Clean Water Act. Of particular note is the court’s unequivocal reliance on attempts – or lack thereof – to obtain and comply with an NPDES permit.

Reprinted with permission from the November 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

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