The Rush is On for Jurisdictional Determinations

by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. … Continue reading

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EPA Announces New Office of Mountains, Deserts, and Plains

by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new … Continue reading

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AZ Supreme Court Rules Every County Gets Medical Marijuana License

by Patrick J. Paul On August 20, 2020, the Arizona Supreme Court ruled that the Arizona Medical Marijuana Act (AMMA) required the Arizona Department of Health Services (ADHS) to issue at least one medical marijuana license in counties without a … Continue reading

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When Tracking the Pandemic, the Scoop May Be in the . . . Well, Sewer

by Patrick J. Paul Traditionally, Labor Day weekend in the United States means “back-to-school.” In this pandemic year, however, many schools remain closed indefinitely to in-person learning, while others opened early with the goal of completing the semester coincident with … Continue reading

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Trump vs. Biden: The Important Role that Climate Change, the Environment and Pollution Will Not Play in the 2020 Presidential Election

by Raymond S. Heyman We are just weeks away from the national Presidential election. The two major party candidates, President Donald Trump and former Vice President Joseph Biden, could not be farther apart philosophically than they are on the important … Continue reading

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Bureau of Land Management Headquarters Relocates

by Amanda Reeve As of August 10, 2020, with the signing of Secretary’s Order 3382 by the U.S. Secretary of Interior David Bernhardt, Grand Junction, Colorado is officially the new home to the headquarters for the Bureau of Land Management … Continue reading

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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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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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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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