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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the March 2022 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter. Their published analysis covers a range of recent environmental investigations, settlements, penalties and judicial developments.

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

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.

District Court Denies Motion for Certification of Interlocutory Appeal on the Meaning of ‘Waters of the United States’
By Tiffany Michou and Rebecca Andrews
Despite the significant uncertainty regarding the scope and meaning of the CWA jurisdictional term “waters of the United States,” litigants may not be able to obtain review of an interlocutory order that relies on a pre-2015 regulatory definition of the term.

Federal Claims Court Determines Federal Government is Not Required to Pay Local Fees to Abate Water Pollution
By Megan Kilmer and Rebecca Andrews
This case is a reminder that a local agency must be cautious in crafting local water pollution fees pursuant to the Clean Water Act. As seen in this article, the federal government will only be liable for reasonable service charges linked to the physical characteristics of the federal property. Additionally, the United States cannot be liable for interest accrued on unpaid charges. This case is also informative for local agencies in a state that imposes similar proportionality requirements for fees imposed on all payers, such as California.

Reprinted with permission from the March 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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