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EPA Announces Removal of Existing Natural Gas Plants from Proposed Carbon Rule

On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting the complex interplay of environmental justice, political considerations, and regulatory challenges.  EPA first proposed the […]

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U.S. House Natural Resources Committee Hearing Requiring Withdrawal of Controversial Proposed Rule

The U. S. House Committee on Natural Resources hearing held on Thursday, June 15, 2023, was singularly focused on H.R. 3397, sponsored by Rep. John R. Curtis (R-UT-3), which requires the Director of the Bureau of Land Management (“USBLM”) to withdraw its‘ Conservation and Landscape Health Proposed Rule.  This is the second such committee hearing held […]

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AR
Environmental & Regulatory Policy Advisor

A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead

Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs.  These resources include groundwater, in-state surface water, Colorado River water, long-term storage credits, and reclaimed water.  We also discussed the latest developments on groundwater availability in the Phoenix Active Management Area.  As these […]

Colorado River Update:  Reclamation Issues FR Notice for Post-2026 Operational Guidelines and Strategies

The U.S. Bureau of Reclamation has initiated the Environmental Impact Statement (“EIS”) process for post-2026 operational guidelines and strategies of Lake Powell and Lake Mead.  This process is in addition to the Draft Supplemental EIS we discussed in April, which is intended to ensure that the reservoirs continue to be able to produce power and […]

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FB

Breaking News:  Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years

On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping throughout most of the Phoenix Active Management Area (the “Phoenix AMA”) over the 100-year period mandated by ADWR’s Assured Water Supply […]

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The Rise of Reclaimed Water:  Reuse of Water in Arizona, Already Important, is Primed to Grow Alongside Increasing Scarcity of Other Water Sources

It seems that not a day goes by without another news story bringing Arizona to the forefront of a national dialogue about water security in a time of drought, changing climate, and growing population. This article is Part 6 of Snell & Wilmer’s series providing context for that dialogue as it applies to Arizona’s diverse […]

Long Term Storage Credits: Securing Arizona’s Water Future

This article is Part 5 of Snell & Wilmer’s series on Arizona’s water supply and legal framework. So far in this series we have examined the most common and most-used water sources in Arizona’s diverse water portfolio:  groundwater, surface water, and Colorado River water. This article describes Arizona’s long-term storage credit (LTSC) system, which provides […]

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Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA).  The Court in Sackett v. EPA held that “the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their […]

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JH
Associate

Congress Holds Oversight Hearing Regarding the Antiquities Act and the Bureau of Land Managements Proposed Rule on Conservation and Landscape Health

On Wednesday, May 24, 2023, the Oversight & Investigations Subcommittee of the House Committee on Natural Resources held a hearing titled “Examining the Biden Administration’s Efforts to Limit Access to Public Lands.”  In addition to discussing the Biden Administration’s actions and proposed actions in designating National Monuments via the Antiquities Act, testimony largely focused on […]

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AR
Environmental & Regulatory Policy Advisor

The Law of the Colorado River:  An Opportunity for Change

The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding from the Inflation Reduction Act.  The balance of 700,000 acre-feet will need to be conserved […]