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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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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Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

by John W. Andrews The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection under the … Continue reading

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Log It or Lose It: New Economic Opportunities Open as the Forest Service Changes Its Management Tactics in Northern Arizona

by Farris Gillman, Lucas Narducci, and Patrick Paul Opportunity for business in Arizona is booming.  In a May 2019 ranking in Chief Executive Magazine, Arizona jumped to seventh best state to do business. Arizona is well known for its mineral … Continue reading

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UPS Wins Race to Become First FAA Certified Drone Airline Operator

By Patrick Paul On October 1, 2019, UPS and the U.S. Federal Aviation Administration (FAA) announced that a UPS subsidiary, UPS Flight Forward Inc., received FAA approval under 14 CFR Part 135 to operate a drone airline.  This approval will … Continue reading

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Federal Law to Prohibit Low Flying Drones Proposed

By Patrick Paul On October 16, 2019 Republican Sen. Mike Lee of Utah introduced the Drone Integration and Zoning Act, a bill designed to establish a regulatory framework for drones based on the principles of local governance and cooperative federalism.  … Continue reading

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