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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
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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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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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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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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WOTUS Redefined: The New Definition of Waters of the United States
by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point … Continue reading
Tagged clean water act, federalism, navigable waters, U.S. Army Corps of Engineers, Waters of the United States, wetlands, WOTUS
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Cooperative Federalism and the Clean Water Act: The States Finally Get their Due
by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant … Continue reading
Tagged clean water act, trump, Waters of the United States, WOTUS
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Idaho Finally Joins the EPA Primacy Party for Water Pollutant Discharge
by Andrew Hawes In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S. Environmental Protection Agency), … Continue reading
Tagged clean water act, EPA, Idaho Department of Environmental Quality, NPDES
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Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal
by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements … Continue reading
Tagged 401 Certification, 404 Permits, clean water act, coal, EPA, Millennium Bulk Terminal, trump
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