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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
- 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
- DOE Seeks Input on How to Spend $2.5 billion on Transmission Projects
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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EPA Removes Obstacles to “Sue and Settle”
by Mitchell J. Klein In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by some … Continue reading
Tagged "sue and settle", EPA, Michael Regan, scott pruitt
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Environmentalists File Notice of Intent to Sue Regarding Regional Haze
by Amanda A. Reeve On February 7, 2022, Sierra Club, et al. filed a Notice of Intent to File Suit (“NOI”) over the Unites States Environmental Protection Agency’s (“USEPA”) supposed failure to perform its duties under the Clean Air Act … Continue reading
Tagged EPA, regional haze, Sierra Club, Western Regional Air Partnership
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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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U.S. House Passes PFAS Action Act of 2021
by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting … Continue reading
Environmental Justice Coming into Focus Under Biden’s USEPA
by Amanda Reeve and Lucas J. Narducci In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 … Continue reading
Tagged environmental justice, EPA
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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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EPA Issues Interim PFAS Guidance
by Patrick J. Paul On December 18, 2020, EPA issued interim guidance (available here and here) designed to protect the public from exposure to emerging chemicals of concern. More particularly, that interim guidance outlines the current state of science on techniques … Continue reading
The Rush is On for Jurisdictional Determinations
by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. … Continue reading
Tagged Corps of Engineers, EPA, Jurisdictional Determination, Waters of the United States
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EPA Announces New Office of Mountains, Deserts, and Plains
by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new … Continue reading
Tagged abandoned mines, EPA, Office of Mountains Deserts & Plains, OMDP
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