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

Article overviews and excerpts are below. The complete August 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.

Federal Circuit Recognizes Cognizable Property Interest in Flowage Easement For Properties Flooded in Hurricane Harvey
By Rebecca Andrews and Helen Byrens
This case relies on state law to recognize that property owners in Texas have a cognizable property interest in flowage easements and that the Government is not immune from these issues. This case also provides reasoning that defenses and exemptions, such as “acts of God” and necessity, do not negate a cognizable property interest.

Fourth Circuit Allows Clean Water Act Citizen Suit to Proceed Despite Ongoing Proceedings at the State Level
By Rebecca Andrews and Marco Ornelas Lopez
This case adds to recent appellate rulings clarifying when citizen suit cases under the Clean Water Act may proceed and when a state is already “diligently” prosecuting a violation. The growing consensus among circuit courts is to consider whether the comparable state law provides opportunities for public participation and judicial review.

Reprinted with permission from the August 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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