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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Environmental Justice: A Focus in Air Toxics Data Reporting

by Lucas J. Narducci & Amanda A. Reeve We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice.  Rather than a major new … Continue reading

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EPA to Collect PFAS Manufacturing Data

by Patrick J. Paul On June 10, 2021, the U.S. Environmental Protection Agency’s (EPA) announced three actions demonstrating its commitment to help reduce the potential risks to the public from per- and polyfluoroalkyl substances (PFAS). RELEASE Those actions included issuing a … Continue reading

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NASA Flies First Drone Ever on Another Planet

By Patrick J. Paul On April 19, 2021, America’s civil space program – the National Aeronautics and Space Administration (NASA) made history when its Mars Ingenuity helicopter made the first ever powered, controlled flight on another planet.  With it, the … Continue reading

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LA County to Adopt Green Zone Ordinance, Environmental Justice Initiative

by Sean M. Sherlock Environmental justice is a principle that has been around since at least the 1990s, with roots back to the 1960s. The US EPA describes environmental justice as “the fair treatment and meaningful involvement of all people … Continue reading

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In California the Housing Crisis Yields to Luxury Spas

by Sean M. Sherlock A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. … Continue reading

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COGCC Issues New Rules on Flowline Disclosure

By Frances Folin With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond … Continue reading

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ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

By Michael Ford On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory programs: the Clean Water Act … Continue reading

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U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

By L. William Staudenmaier Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater . The Ninth Circuit’s decision has very significant … Continue reading

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