Mining Industry on the Losing End of Two Clean Water Act Cases

by Michael C. Ford The mining industry was on the losing end of two recent Clean Water Act cases.  Stone v. High Mountain Mining Company, LLC, was decided September 12, 2022, and involved a citizen suit challenge to a placer … Continue reading

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New PFAS/PFOS Regulations May Reopen Sites

by Mitchell J. Klein Environmental practitioners are well aware of the astonishing breadth and scope of the impacts resulting from the investigations into the ubiquitous presence of the so-called “forever chemicals”, including the significant efforts being expended at both the … Continue reading

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EPA’s Clean Power Plan Struck Down by SCOTUS

by Michael C. Ford In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production.  The “Clean Power Plan” (“CPP”) rule … Continue reading

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As Colorado River Conditions Continue to Deteriorate, the United States Warns that More Cuts will be Required and the Basin States Consider Options

by L. William Staudenmaier The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters: Arizona, California, … Continue reading

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New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands

by John W. Andrews On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic sequestration of … Continue reading

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DOE Seeks Input on How to Spend $2.5 billion on Transmission Projects

By Matt Derstine On May 6, 2022, the Department of Energy issued a notice of DOE’s intent to implement the Transmission Facilitation Program (TFP) and to request input regarding the solicitation and qualification process for TFP funding.  The TFP is … Continue reading

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Office of Environmental Justice & Reviving Supplemental Environmental Projects

by Luke Narducci and Amanda Reeve On May 5, 2022, the U.S. Department of Justice (“USDOJ”) announced the launch of a new comprehensive environmental justice (“EJ”) strategy. The three-prong strategy, as laid out by the U.S. Attorney General in an … Continue reading

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Pushing the United Nations for Recognition of Access to a Clean Environment as a Human Right

by John Habib The United Nations Human Rights Council passed Resolution 48/13 in October 2021. The Resolution recognizes as a human right a person’s access to a clean, healthy, and sustainable environment. Non-governmental organizations are now pushing the United Nations … Continue reading

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Basin States Agree to Reduced Colorado River Deliveries

by Fred Breedlove Less than two weeks ago, we wrote that the Department of Interior proposed reducing Colorado River deliveries in 2022 by 480,000 acre-feet and that Assistant Secretary Trujillo had asked the Basin States for comments on this proposal.  … Continue reading

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Feds Considering Emergency Reductions to Colorado River Deliveries

by Fred Breedlove In an April 8, 2022 letter to each of the seven Colorado River basin states, the Interior Department asked for comments by April 22 about its plan to reduce releases from Glen Canyon Dam to 7.0 million … Continue reading

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