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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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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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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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EPA to Revisit Clean Water Act WOTUS Rule
by Patrick J. Paul On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps … Continue reading
Tagged clean water act, Navigable Waters Protection Rule, NWPR, Waters of the United States, WOTUS
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Arizona Governor Seeks PFAS Assistance from Feds
by Patrick J. Paul On April 27, 2021 Governor Doug Ducey sent a letter to Secretary of Defense Lloyd Austin requesting the Department of Defense (DOD) identify and treat water in Arizona contaminated in the areas surrounding four defense installations and … Continue reading
Tagged Ducey, forever chemicals, PFAS
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Colorado River Lower Basin States Face Tier 1 Shortage and Maybe More
by Fred Breedlove The U.S. Bureau of Reclamation’s April 24-Month Study, published this week, as expected, signals a significant likelihood of reduced water deliveries in the Lower Basin of the Colorado River to Arizona, California, and Nevada. Not only does … Continue reading
Tagged Colorado River, drought contingency plan, Lower Basin States
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“Forever Chemicals” Found in Phoenix Metro Area
by Patrick J. Paul On February 23, 2021 the US Air Force issued a press release announcing its distribution of bottled water to homeowners and businesses immediately east of Luke Air Force Base following the discovery of Perfluoroctanoic (PFOA) and Perfluoroctane … Continue reading
Tagged Luke Air Force Base, PFAS, PFOA, PFOS
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Corps Announces Changes to Clean Water Act Permit Program
by Patrick J. Paul On January 13, 2021, the U.S. Army Corps of Engineers (Corps) announced revisions to its Nationwide Permit (NWP) Program under the Clean Water Act. The final rule reissues 12 existing NWPs and creates four new NWPs. Major … Continue reading
Tagged clean water act, Congressional Review Act, Nationwide Permit, NWP
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