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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
- Mining Industry on the Losing End of Two Clean Water Act Cases
- New PFAS/PFOS Regulations May Reopen Sites
- EPA’s Clean Power Plan Struck Down by SCOTUS
- As Colorado River Conditions Continue to Deteriorate, the United States Warns that More Cuts will be Required and the Basin States Consider Options
- New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands
EPA’s Clean Power Plan Struck Down by SCOTUS
by Michael C. Ford In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production. The “Clean Power Plan” (“CPP”) rule … Continue reading
Tagged clean air act, clean power plan, EPA, West Virginia v. EPA
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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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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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South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2
by Sean M. Sherlock The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus is on … Continue reading
Tagged clean air act, indirect source rule, SCAQMD, warehouse
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Viral Threat Emerges to the Vehicle Aftermarket Parts Industry
by Michael C. Ford The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the emergence of a new … Continue reading
Tagged aftermarket parts, clean air act, defeat device, Diesel Brothers, Utah Physicians
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Patience and Perseverance Paves the Way for Air-izona
by Amanda A. Reeve John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions regarding two very … Continue reading
Tagged CAA, clean air act, EER, EPA, exceptional events rule, Jeff Flake, Maricopa County, NAAQS, Ninth Circuit Court of Appeals, nonattainment, particulate matter, PM10
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ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard
by Patrick J. Paul On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with standards proposed last fall by … Continue reading
Tagged ADEQ, clean air act, EPA Ozona Standard, Misael Cabrera
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The Exceptional Events Rule is Finally Receiving a Makeover by the EPA
by Amanda Reeve Crowds watched in mute horror as Phoenix was rapidly overtaken by an ominous thick, dark cloud that swept from ground to sky. Moving like a giant tidal wave across the Arizona skies, it appeared to be engulfing … Continue reading
Tagged clean air act, exceedances, exceptional events, exceptional events rule, haboob, July 2011 Phoenix Haboob
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