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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the June 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 June 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.

First Circuit Vacates En Banc Holding to Limit the ‘Diligent Prosecution’ Bar on Citizen Suits Under the Clean Water Act
By Rebecca Andrews and Marco Ornelas Lopez
This case highlights the limitations to civil penalty actions under the Clean Water Act. Ongoing government enforcement of the Clean Water Act, and the prosecution of an action, does not bar citizens from filing their own suit so long as the actions are for injunctive or declaratory relief.

Ninth Circuit Rules Clean Water Act Water Quality Objectives Are Not Directly Applicable to Nonpoint Source Discharges
By Rebecca Andrews and Helen Byrens
This case highlights the challenges to bringing a successful citizen suit against a nonpoint source discharger. It also serves as a reminder that water quality objectives are not directly applicable to dischargers without an additional regulatory mechanism to implement the objective.

Reprinted with permission from the June 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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