Environmental and Natural Resources

Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

by Luke Narducci, Mike Ford, and Amanda Reeve On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United States Environmental Protection Agency’s (“EPA”) determination of attainment for the 2008 Ozone […]

| 4 min read
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AR
Environmental & Regulatory Policy Advisor

Environmental Justice: A Focus in Air Toxics Data Reporting

by Lucas J. Narducci & Amanda A. Reeve We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice.  Rather than a major new program or enforcement initiative, the recent declaration from USEPA in this area provides clarity and […]

| 2 min read | Tagged: , ,
LN
AR
Environmental & Regulatory Policy Advisor

Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

by Amanda A. Reeve The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law with the remaining eight bills under consideration. These bills […]

| 4 min read | Tagged: ,
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AR
Environmental & Regulatory Policy Advisor

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2

by Sean M. Sherlock The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus is on emissions from the trucks that make deliveries and pickups at these facilities. Proposed Rule 2305 […]

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FERC Begins to Flex its Jurisdictional Muscles on Carbon Pricing

By Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s electric market.  Not surprisingly, as the governmental entity with jurisdiction over the organized electric markets, FERC acknowledged that regional market rules that […]

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South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 1

by Sean M. Sherlock As industrial facilities go, distribution warehouses are clean, non-polluting operations. They generally do not operate industrial furnaces, boilers, compressors, pumps, tanks or other major stationary sources of air pollution. But the South Coast Air Quality Management District (“AQMD”) considers distribution warehouses to be “indirect” sources of air pollutants because trucks making […]

| 6 min read | Tagged: , ,
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Viral Threat Emerges to the Vehicle Aftermarket Parts Industry

by Michael C. Ford The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the emergence of a new and potentially viral threat: citizen suit enforcement. The first quarter of 2020 saw EPA finalize […]

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Flagstaff Museum Fire Takes Center Stage at the 2019 AMC Environmental Summit

by Amanda A. Reeve Consuming the forest in a red blaze just about a mile north of downtown Flagstaff, the Museum Fire Wildfire had many Arizonans on edge, especially fire management officials.  Flagstaff is a popular destination year-round, and especially so in late July for Arizonans looking for respite from the warmer temperatures of the […]

| 7 min read | Tagged: , , ,
AR
Environmental & Regulatory Policy Advisor

Fireworks: A “Boom” Or A “Dud” For Arizona

by Amanda A. Reeve The Arizona Legislature is on the cusp of passing legislation that will expand the days on which consumer fireworks are permitted for sale and use in Arizona. However, what some may think will serve as a boom for sales, just might end up being a dud for Arizona’s economy. Unfortunately, as […]

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AR
Environmental & Regulatory Policy Advisor

Double Trouble for Vehicle and Equipment Imports: EPA and Customs Continue Vigorous Port Inspection and Enforcement Program

by Michael C. Ford Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump administration.  EPA, in conjunction with U.S. Customs and Border Protection is continuing its vigorous inspection and enforcement program, including at southern […]

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