Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in October Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the October 2021 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 October 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.
Trump Era Modifications to Definition of Waters of the U.S. Remanded by District Court in Arizona to the EPA for Further Clarification
By Rebecca Andrews and Anya Kwan
This unpublished case remanding and vacating the repeal of the 2015 Clean Water Rule and the adoption of a new definition of “waters of the United States” does not provide precedential authority in challenges to the Trump era changes to the definition of “navigable waters”; however, EPA’s lack of a response to the motion for summary judgment and the court’s remand and vacatur signal a forthcoming change to the definition of “navigable waters” that will likely apply nationwide.
District Court Denies Clean Water Act Defendants’ Motions to Dismiss Indictment Counts for Insufficient Pleadings
By Rebecca Andrews and Carl Jones
The case reaffirms the traditional principle that a criminal indictment is a mere accusation; the government need only allege sufficient facts that, if true, establish each element of each offense. An indictment need not prove every element outright.
Reprinted with permission from the October issue of the Law and Regulation Reporter, Copyright © 2021, 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.