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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.
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Recent Posts
- Environmental Justice Grants Available for Qualifying Air-Related Projects
- USEPA Releases Updated Environmental Justice Related Legal Guidance
- USEPA Proposes New Particulate Matter Air Quality Standard
- ADEQ Providing Assistance for Small Rural Water Systems
- Mining Industry on the Losing End of Two Clean Water Act Cases
Mining Industry on the Losing End of Two Clean Water Act Cases
by Michael C. Ford The mining industry was on the losing end of two recent Clean Water Act cases. Stone v. High Mountain Mining Company, LLC, was decided September 12, 2022, and involved a citizen suit challenge to a placer … Continue reading
Tagged AZPDES, clean water act, mining, NPDES, San Carlos Apache Tribe v. State of Arizona, Stone v. High Mountain Mining Compny
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As Colorado River Conditions Continue to Deteriorate, the United States Warns that More Cuts will be Required and the Basin States Consider Options
by L. William Staudenmaier The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters: Arizona, California, … Continue reading
Tagged ADWR, Basin States, Colorado River
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Basin States Agree to Reduced Colorado River Deliveries
by Fred Breedlove Less than two weeks ago, we wrote that the Department of Interior proposed reducing Colorado River deliveries in 2022 by 480,000 acre-feet and that Assistant Secretary Trujillo had asked the Basin States for comments on this proposal. … Continue reading
Tagged Basin States, Colorado River, drought, Glen Canyon Dam, Lake Powell, Tanya Trujillo, water
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Feds Considering Emergency Reductions to Colorado River Deliveries
by Fred Breedlove In an April 8, 2022 letter to each of the seven Colorado River basin states, the Interior Department asked for comments by April 22 about its plan to reduce releases from Glen Canyon Dam to 7.0 million … Continue reading
Tagged drought, Glen Canyon Damn, Lake Powell, Tanya Trujillo, water
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Supreme Court Reinstates Trump Clean Water Rule (For Now)
by Patrick J. Paul On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects under Clean … Continue reading
Tagged 401, clean water act
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Will the Sackett Test Clarify the Reach of Clean Water Act Jurisdiction?
by Michael C. Ford “Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of … Continue reading
Tagged clean water act, Sackett, Waters of the United States, WOTUS
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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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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
Tagged Arizona Department of Water Resources, water
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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
Tagged Bureau of Reclamation, Colorado River, Tier 1 shortage
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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
Tagged H.R. 3684, Infrastructure Package, INVEST in America Act, Kyrsten Sinema
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