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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the January 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 January 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 Grants Civil Penalties, Fees, and Costs Against Discharger of Pesticides in Violation of its NPDES Permit
By Helen Byrens
The Clean Water Act citizen suit case highlights the different standards for demonstrating an ongoing violation when seeking injunctive relief and civil penalties.

District Court Admits Evidence Over Objection in Clean Water Act Criminal Prosecution
By Rebecca Andrews
This series of evidentiary rulings in a Clean Water Act criminal prosecution serves as a reminder that publicly and readily available information may be introduced by judicial notice and defendants’ statements made during an EPA investigation may be introduced as evidence against defendants on various grounds.

Reprinted with permission from the January 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.

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