Management Plan Work Group Offers Public Opportunity to Develop Water Policies

by Fred Breedlove Arizona’s 1980 Groundwater Code offers a unique opportunity for the public to get involved in shaping water policy through the process of adopting management plans for the Active Management Areas (“AMAs”).  The process is playing out now … Continue reading

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FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”  The Natural Gas Act (“NGA”) provides … Continue reading

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Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant … Continue reading

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Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

by Patrick J. Paul and Michael C. Ford The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or  Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than … Continue reading

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Trump Proposes Rules to Expedite Infrastructure Projects

by Patrick J. Paul On January 9, 2020, in one of the more significant environmental proposals of the current administration, President Trump’s Council on Environmental Quality (CEQ) proposed updates to its regulations for implementing the procedural provisions of the National … Continue reading

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Ninth Circuit Dismisses Youth Climate Change Suit

by Patrick J. Paul On January 17, 2020, a three-judge panel of the Ninth Circuit Court of Appeals in a 2-1, thirty-two page decision, authored by Arizona’s former Vice-Chief Justice Andrew Hurwitz, dismissed a climate change lawsuit brought by 21 … Continue reading

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Pinal Active Management Area Stakeholders Address Projected Water Deficit

by L. William Staudenmaier In November 2019, the Arizona Department of Water Resources (ADWR) released the results of an updated groundwater model that projects a groundwater availability deficit over the next 100 years in the Pinal Active Management Area (AMA) … Continue reading

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EPA Seeks Comment on Further PFAS Regulation

by Patrick J. Paul and Chris Colyer As previously reported in this blog, on December 4, 2019 EPA published an advance notice of proposed rulemaking (ANPR) seeking information on whether to include certain per- and polyfluoroalkyl substances (PFAS) on the … Continue reading

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PFAS: The Forever Chemicals Gaining Regulatory Attention

By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized … Continue reading

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DOJ Announces New Drone Policy

by Kelly A. Daly Calling it “a paradigm-shifting technology with far-reaching social impact,” on November 27, 2019, the Federal government announced the issuance of the new Department of Justice Policy on the Use of Unmanned Aircraft Systems (the “Policy”) governing … Continue reading

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