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About Us:
Welcome to the S&W Environmental, Natural Resources, Oil and Gas Law Blog. This blog is a resource for the regulated community to stay current on new developments impacting the environmental, natural resources and energy sectors. It provides timely updates on a broad range of federal, state and local environmental topics — including proposed legislation and government rulemakings — that impact regulated industries throughout the southwest and the nation as a whole.
Topics
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Recent Posts
- So, What Exactly Is A Water Of The U.S.?
- Supreme Court Grants Cert On GHG Regulation Of Power Plants
- 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
- Arizona-Based Airline Enters Delivery Drone Space
- Rare Rulemaking Initiated by Arizona Department of Water Resources
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
Tagged Corps Clean Water Rule, EPA, Navigable Waters Protection Rule, Pasqua Yaqui, substantial nexus, WOTUS
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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
Tagged ACE Rule, clean air act, clean power plan, GHG Emissions, Power Plants
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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
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
Tagged H.R. 3684, Infrastructure Package, INVEST in America Act, Kyrsten Sinema
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U.S. House Passes PFAS Action Act of 2021
by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting … Continue reading
Delaware Companies Agree to $50 Million PFAS Settlement
by Patrick J. Paul In what has been described by some as a landmark environmental justice resolution, on July 13, 2021, Delaware-based companies DuPont, Chemours and Corteva agreed to pay Delaware $50 million according to a settlement reached in connection with … Continue reading
Tagged environmental justice, PFAS, PFOA, Teflon
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Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision
by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental … Continue reading
Tagged clean water act, Navigable Waters Protection Rule, NWPR, Waters of the United States
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Environmental Justice Coming into Focus Under Biden’s USEPA
by Amanda Reeve and Lucas J. Narducci In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 … Continue reading
Tagged environmental justice, EPA
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Environmental Justice: A Focus in Criminal Enforcement
by Amanda Reeve and Lucas J. Narducci The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals. … 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
Tagged clean air act, environmental justice, EPA
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