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Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group were published in the February 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 February issue can be found here.

Arizona Takes Steps Under Colorado River Plan to Support Lake Mead Levels During Unprecedented Drought
By Miles Krieger and Steve Anderson
The 500+ Plan is designed to achieve the short term objective of keeping Lake Mead levels above 1,020 feet. It remains to be seen whether the plan will achieve that goal, and whether such efforts will be renewed in the future or if additional measures become necessary to support Lake Mead elevation levels.

Causes of Low Winter-Run Chinook Egg Survival Rate Debated by Experts
By Miles Krieger and Steve Anderson
The Winter-Run Chinook Salmon PWT has yet to issue a final letter, and a final calculation of the juvenile production of winter-run chinook in 2021 has not yet been made. Thus, it remains to be seen whether operational changes to the California State Water Project and Central Valley Project will be recommended for purposes of state and federal environmental law compliance.

U.S. Army Corps of Engineers Reissues and Modifies New Clean Water Act Section 404 Nationwide Permits
By Lowry Crook, Ana Schwab and Rebecca Andrews
The U.S. Army Corps of Engineers’ new nationwide permit for water reclamation and reuse projects will expedite groundwater recharge projects that impact less than one-half an acre of waters or wetlands. The new permit and its discussion also demonstrate that the Biden administration views water recharge, reuse and recycling as important tools for increasing water reliability and adapting to the impacts of climate change. The reissuance of existing nationwide permits provides continuity until March 2026 for a program that expedites permitting for infrastructure and other projects that have minor impacts on waters and wetlands regulated under the Clean Water Act.

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.

Reprinted with permission from the February 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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Director of Government Affairs and Of Counsel
Ana D. Schwab

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