Top Five Issues to Watch in Arizona Water Law

by Karlene Martorana Drought on the Colorado River.  Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over.  One wet season … Continue reading

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Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

by Patrick J. Paul In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell … Continue reading

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Arizona Tests for Lead in School Drinking Water Reveal Elevated Levels

by Patrick J. Paul The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its initiative … Continue reading

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What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

by J. Matthew Derstine While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by expediting the … Continue reading

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Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

by Rachel M. Lynn On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the decision … Continue reading

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Environmental Enforcement Under Trump – Be Careful What You Wish For

By Mitch Klein Regardless of whether you are a Trump supporter or Trump hater, and there certainly seems to be very few people who are indifferent to the guy, trying to prognosticate what he will do is very difficult. He … Continue reading

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Trump Cabinet Selections Signal Potential Changes to Environmental Regulations

By Chris Colyer As previously reported here, President-elect Donald Trump’s victory could have profound implications for federal environmental regulation. Although the scope of the intended regulatory changes remains uncertain, President-elect Trump’s recent Cabinet nominations—most notably Scott Pruitt as Administrator of … Continue reading

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Final BLM Planning 2.0 Rule Released

by Stephen Smithson The Bureau of Land Management (“BLM”) has released its final Planning 2.0 rule for publication in the Federal Register.  It will be effective 30 days after publication.  The rule is here. The rule represents a comprehensive change … Continue reading

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Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes … Continue reading

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What the Trump Presidency Means for the Environment

by Patrick J. Paul To the victor belong the spoils, and President-elect Donald Trump’s victory in the presidential election (get used to it) and Republican Congressional control will significantly impact environmental programs and priorities going forward.  Among other campaign commitments, … Continue reading

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