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Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Chris Colyer The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of developments under the current Trump Administration and the 115th United States Congress. Section 108 of the Clean Air Act requires EPA to identify, […]

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CC

Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

by Patrick J. Paul In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell announced their intention to terminate their interest in the three unit, 2,500 megawatt facility following expiration […]

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What the Trump Presidency Means for the Environment

by Patrick J. Paul To the victor belong the spoils, and President-elect Donald Trump’s victory in the presidential election (get used to it) and Republican Congressional control will significantly impact environmental programs and priorities going forward.  Among other campaign commitments, President-elect Trump promised to increase fossil fuel production and to repeal numerous environmental initiatives of […]

| 3 min read

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

by Denise A. Dragoo On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires the U.S. EPA to follow the mandate of Section 321 of the Clean Air Act, 42 U.S.C. […]

Patience and Perseverance Paves the Way for Air-izona

by Amanda A. Reeve John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.”  This is certainly apropos for Arizona in light of recent federal actions regarding two very critical and intertwined air regulatory issues: a decision rendered by the Ninth Circuit Court of […]

AR
Environmental & Regulatory Policy Advisor

The Clean Air Act Creates a Nightmare for Yuma County

by Amanda A. Reeve We have all heard, and likely even experienced its meaning on numerous occasions, the old adage of being stuck between a rock and a hard place. Finding oneself in this position is most unpleasant as it means there are no viable options out of the dilemma.  Interestingly enough, Yuma County, Arizona […]

AR
Environmental & Regulatory Policy Advisor

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

by Patrick J. Paul On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with standards proposed last fall by the United States Environmental Protection Agency (EPA) seeking to reduce ozone. Cabrera was testifying in […]

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New OSHA Silica Exposure Regulations Enacted – Decades After They Were Proposed

by Stephen W. Smithson On March 24, 2016, the Labor Department’s Occupational Safety and Health Administration (“OSHA”) finalized new regulations (https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-04800.pdf) for workplace silica exposure. The prior regulations were adopted in 1971 (http://ehstoday.com/osha/osha-issues-final-rule-silica), and OSHA has been considering revised regulations since the Clinton administration (http://www.wsj.com/articles/obama-administration-issues-rule-to-limit-exposure-to-silica-dust-1458828839). Silica exposure is common throughout many industries, as it is […]

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RH
Former Partner

The Exceptional Events Rule is Finally Receiving a Makeover by the EPA

by Amanda Reeve Crowds watched in mute horror as Phoenix was rapidly overtaken by an ominous thick, dark cloud that swept from ground to sky.  Moving like a giant tidal wave across the Arizona skies, it appeared to be engulfing the sun above as it roared across the state.  The event left behind a brown […]

AR
Environmental & Regulatory Policy Advisor

Changes in Ozone Standard and Other “Hot Air” Topics Affecting Arizona’s Business Community Addressed at Annual Air Quality Conference

by Lucas J. Narducci The Arizona Manufacturers Council, in conjunction with Maricopa County, held its 2015 Air Quality Conference on Friday, November 6th with tremendous success having the largest attendance for this event in recent years.  Snell & Wilmer L.L.P. was the law firm sponsor and Amanda Reeve, our Environmental Policy and Regulatory Advisor, was the […]

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