Environmental, Energy & Climate Change Law and Regulation Reporter
BBK Attorneys Discuss Recent Environmental Investigations and Judicial Developments in May Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the May 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 May 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.
Eleventh Circuit Clarifies Pleading Standard For Aesthetic Injury Under the Clean Water Act
By Rebecca Andrews and Marco Ornelas Lopez
This case highlights the pleading requirements for environmental plaintiffs alleging an injury to aesthetic interests. It highlights that an individual member of an environmental organization alleges sufficient facts to withstand a motion to dismiss by alleging the individual viewed the wetland, derived aesthetic pleasure from its natural habitat and vegetation, and derives less pleasure from the altered site.
Sixth Circuit Affirms Dismissal of Clean Water Act Citizen Suit Against Sewer District
By Rebecca Andrews and William Shepherd
This case serves as an important reminder that plaintiffs must give violators proper pre-notice suit, including indicating specific standards, limitations, or orders under the CWA alleged violated. Although a court is required to construe a complaint in the light most favorable to a plaintiff during a motion to dismiss, this decision serves as a reminder that a court may, nevertheless, carefully evaluate the alleged facts to determine whether they support a plausible inference of wrongdoing.
Reprinted with permission from the May 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 Reporters@argentco.com.