Environmental, Energy & Climate Change Law and Regulation Reporter
BBK Attorneys Discuss Recent Environmental Investigations and Judicial Developments in July Issue
Several members of Best Best & Krieger’s Environmental Law & Natural Resources practice group, as well as two of the firm's 2022 summer associates, were published in the July 2022 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter.
Article overviews and excerpts are below. The complete July issue can be found here.
U.S. Department of Justice Issues Comprehensive Environmental Justice Enforcements Strategy
By Rebecca Andrews and Kristin Allen*
The Strategy signals increased federal effort to reduce disproportionate public health and environmental impacts from public and private activities. The Strategy’s focus on enforcement and remediation suggests that environmental-justice oriented administrative, civil, and criminal actions may increase in the coming years.
California Coastal Commission Denies Permit to Build Desalination Plant in Huntington Beach Due to Environmental Risks
By Miles Krieger and Steve Anderson
The Coastal Commission’s denial of Poseidon’s proposed desalination facility reflects the complicated regulatory environment governing desalination projects. It remains to be seen whether future desalination projects will win Commission approval.
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.
Tenth Circuit Determines Point Source’s Statute of Limitations Applies to State Claims in Federal Court Diversity Actions Under the Clean Water Act
By Rebecca Andrews and Elleasse Taylor*
The Allen plaintiff’s petition for en banc rehearing was recently denied, which will leave this decision in place. Contrary to the rule governing most diversity cases in federal court, the Tenth Circuit Court of Appeals determined that a point source state’s procedural law applies to state law claim preserved under the CWA. By relying on the U.S. Supreme Court precedent the court implies that its reasoning could be followed nationally.
California Court of Appeal Finds Bumble Bees May Be Classified as ‘Fish’ Under the California Endangered Species Act
By Miles B. H. Krieger and Steve Anderson
Under this decision, invertebrates like the species of bumble bee at issue in the case are eligible to be listed as endangered or threatened under the California Endangered Species Act. Presumably, additional petitions for listing other species of terrestrial invertebrates will be submitted to the Commission for potential protection under the CESA, although it is not clear whether any of the petitioned species will ultimately be listed.
*2022 summer associate
Reprinted with permission from the July 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.