Sewage Surveillance to Assess Possible COVID-19 Spread in Tempe Wastewater

by Patrick J. Paul Researchers from Arizona State University are evaluating Tempe wastewater for traces of COVID-19, which could serve as an early warning system of the virus’s spread in communities.  Although believed to be among the first cities in America … Continue reading

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ADEQ Issues COVID-19 Memo of Compliance & Enforcement

by Patrick J. Paul, Chris Colyer, and Michael C. Ford On March 31, 2020, the Arizona Department of Environmental  Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March … Continue reading

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Trump Eliminates Settlement Tool

by Mitchell J. Klein Somewhat lost amidst all the (well deserved) COVID-19 pandemic news that comes out daily, is a decision by the Justice Department regarding the settlement of environmental enforcement cases that will likely have profound impacts. The current … Continue reading

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COVID-19 Drones to the Rescue: an Opportunity to Shine

by Kelly A. Daly Around the world, drone enthusiasts are mobilizing to demonstrate the numerous benefits that Unmanned Aircraft Systems (“UAS” or “drones”) technology can offer during this COVID-19 pandemic. Equipped with beacons, spotlights, visual and thermal cameras, specialized sensors … Continue reading

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The NRC Responds to Nuclear Plant Work-Hour Concerns Prompted by COVID-19

by Kelly Daly The Nuclear Regulatory Commission announced that it is prepared to grant temporary exemptions from work-hour controls when the COVID-19 virus adversely impacts staffing levels at nuclear plants such that the applicant can no longer meet the work-hour … Continue reading

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EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

By Michael C. Ford EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory … Continue reading

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OSHA Provides Guidance and Resources in Wake of COVID-19 Pandemic

by Michael C. Ford OSHA has responded to the COVID-19 outbreak with a dedicated webpage that includes guidance for employers.  While emphasizing that the current risk for most types of workers remains low, the guidance covers preparing workplaces for COVID-19, … Continue reading

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Land & Water Conservation Fund Update

by Andy Hawes A year ago, we blogged about the Senate-proposed Natural Resources Management Act (NRMA) which sought to permanently reauthorize the Land and Water Conservation Fund (LWCF). The proposed NRMA was developed largely due to the efforts of a … Continue reading

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FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” … 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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