So, What Exactly Is A Water Of The U.S.?

by Patrick J. Paul The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust.  The … Continue reading

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Supreme Court Grants Cert On GHG Regulation Of Power Plants

by Patrick J. Paul On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American … Continue reading

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From Worse to Bad: New draft of “Build Back Better” Legislation Reduces But Doesn’t Eliminate New Financial Burdens on Hardrock Miners Operating on Federal Land

by John W. Andrews Everyone has heard a bad joke where the setup for the punchline is “well, it coulda been worse”.  Hardrock mining companies operating on federal public lands presumably didn’t feel like laughing when the House Natural Resources … Continue reading

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Arizona-Based Airline Enters Delivery Drone Space

by Patrick J. Paul On October 21, 2021, Phoenix, Arizona-based Mesa Air and Reno, NV-based Flirtey  announced an agreement under which Mesa will purchase four delivery drones with options to purchase an additional 500 over the next four years in … Continue reading

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Rare Rulemaking Initiated by Arizona Department of Water Resources

by Fred Breedlove The Arizona Department of Water Resources (“ADWR”) announced on September 18, 2021 that it had initiated a rulemaking for three subject areas:  licensing timeframes, well construction and licensing, and dam safety.  Overall, the proposed changes are mostly … Continue reading

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What Will EPA Do with Its New Superfund Money?

by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to … Continue reading

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Reclamation Declares Tier 1 Shortage on Colorado River for 2022

by Fred Breedlove The U.S. Bureau of Reclamation (“Reclamation”) published its August 2021 24-Month Study on Monday, effectively declaring a shortage on the Colorado River for the Lower Colorado River Basin.  The August study predicts that the elevation of Lake … Continue reading

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Bipartisan Infrastructure Package Passes the Senate

by Amanda A. Reeve Arizona’s Senior U.S. Senator Kyrsten Sinema is credited as being instrumental in negotiating the $1.2 trillion infrastructure package, H.R. 3684, entitled “Investing in a New Vision for the Environment and Surface Transportation in America Act (“INVEST in … Continue reading

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Arizona Manufacturers Council’s Environmental & Sustainability Summit Lite 2021

by Amanda A. Reeve and Lucas J. Narducci After hosting its 2020 Environmental & Sustainability Summit (“ESS”) virtually due to the COVID Pandemic…after all, what else could keep Phoenicians from fleeing the scorching heat and heading up to the cooler … Continue reading

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Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

by Luke Narducci, Mike Ford, and Amanda Reeve On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) … Continue reading

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