Governor Ducey’s July Surprise for Key Sunsetting Arizona Environmental Programs

by Lucas J. Narducci and Amanda Reeve There is no question that the Coronavirus Disease 19 (“COVID-19”) pandemic has been taking its toll on public health, and it is doing so in more ways than some folks may be aware. … Continue reading

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Utah Division of Water Rights Announces New Tool to Track Status of Change Applications

by Graham J. Gilbert On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications.  Change applications propose modifications to … Continue reading

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No Good Deed Goes Unpunished: AZ Drought Contingency Plan Stakeholders Recruited for Next Phase of Colorado River Work

by Fred Breedlove On Thursday, June 25, 2020, Arizona’s Lower Basin Drought Contingency Plan (“LBDCP”) Steering Committee (aka the “Drought Contingency Plan Committee”) is scheduled to reconvene and take on a new name and a new task.  The LBDCP will … Continue reading

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Wastewater Flows Can Predict COVID-19 Spread

by Patrick Paul As we reported previously, researchers at Arizona State University in Tempe have been evaluating the possible link between wastewater and the spread of the coronavirus in local communities.  Similar research is also being conducted in Northern Arizona … Continue reading

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States Challenge EPA’s COVID-19 Enforcement Policy

by Patrick Paul, Chris Colyer, Michael Ford In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19.  In a nutshell, these policies essentially clarified the enforcement priorities of … Continue reading

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FAA Issues Emergency Waiver Allowing Drone Delivery of Medical Supplies

by Patrick J. Paul Having recently been granted an emergency Part 107 waiver from the Federal Aviation Administration, Novant Health, Inc., a not-for-profit, integrated healthcare system headquartered in North Carolina, in partnership with San Francisco-based drone delivery company, Zipline, has … Continue reading

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Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas … Continue reading

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Impact of COVID–19 on Energy and Infrastructure Projects in Arizona and the West: Disruption, Slowdowns, Uncertainty and Virtual Open Houses

by Matt Derstine With states now modifying their stay-at-home orders and social distancing restrictions, the long-term effects of the Coronavirus (“COVID-19”) pandemic on energy and infrastructure projects remains unclear. But there have been several immediate impacts ranging from supply chain … Continue reading

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President Declares National Emergency: Foreign Adversaries Creating Vulnerability in U.S. Electric Grid

by Kelly A. Daly On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States.  Specifically, the President issued Executive Order on Securing the United States Bulk-Power System, which … Continue reading

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WOTUS Redefined: The New Definition of Waters of the United States

by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point … Continue reading

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