Should Congress End Agency Deference?

By Stephen Smithson At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City … Continue reading

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Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896.  In this decision, the Court unequivocally held that … Continue reading

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U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

by John D. Burnside On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks against Mr. Pruitt’s fitness … Continue reading

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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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