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Coal Communities’ Transition in Arizona Getting More Attention

by Michael W. Patten The local economies of many communities in the southwest are tied to the operations of large coal-fired power plants.  As those plants start closing, the communities can face significant disruption in their local economies through loss of jobs, tax revenues and other impacts.  How to address those impacts involves both federal […]

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 […]

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AR
Environmental & Regulatory Policy Advisor

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. Environmental programs which are instrumental in protecting the public health in Arizona; but are statutorily […]

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AR
Environmental & Regulatory Policy Advisor

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 26, 2020 United States Environmental Protection Agency (EPA) Memorandum entitled COVID-19 Implications for EPA’s Enforcement […]

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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 to make products such as nonstick cookware, grease-resistant food packaging, stain repellents, and firefighting foams. […]

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Arizona’s Cultural Resource Review Process Is a Challenge for Public Land Industries

by Fred Breedlove Most businesses that work in a natural resource industry in Arizona are familiar with the requirements of the National Historic Preservation Act of 1966 (“NHPA”), and Arizona’s State Historic Preservation Act (“SHPA”).  There are two reasons for that.  First, the responsibility of landowners to protect cultural or archaeological resources applies on both […]

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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

Transportation Funding Via The Taxing of Alternative Fuel Vehicles

by Amanda A. Reeve Just as a state’s economic development and growth is impacted by its ability to build and maintain its highways and bridges and improve its transportation systems, so too is its air quality.  After all, transportation conformity is a requirement of the Clean Air Act, specifically for those states that struggle with […]

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AR
Environmental & Regulatory Policy Advisor

Arizona Governor Doug Ducey Signs Legislation to Eliminate ‘Chevron Deference’

By Chris Colyer On April 11, 2018, Arizona Governor Doug Ducey signed House Bill 2238, which eliminates the judicial doctrine commonly known as “Chevron deference.” One of the most well-known doctrines of administrative law, “Chevron deference” is named after the landmark case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984).  […]

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Another Step Closer to Direct Potable Reuse: California Releases Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse

by Karlene E. Martorana The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”).  California Water Code Section 13561 defines “direct potable reuse” as “the planned introduction of recycled water either directly into a public water system, as defined in Health and Safety […]

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Former Counsel