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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
Ninth Circuit Dismisses Youth Climate Change Suit
by Patrick J. Paul On January 17, 2020, a three-judge panel of the Ninth Circuit Court of Appeals in a 2-1, thirty-two page decision, authored by Arizona’s former Vice-Chief Justice Andrew Hurwitz, dismissed a climate change lawsuit brought by 21 … Continue reading
Tagged climate change, Eve of Destruction, Greta Thunberg, Ninth Circuit
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Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater
by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that … Continue reading
Tagged Agua Caliente, Cahuilla, Coachella Valley Water District, Gila III, groundwater, Ninth Circuit, Winters doctrine
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Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA
by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42 U.S.C. § 9601(23). Remedial actions … Continue reading
Tagged CERCLA, Ninth Circuit, remedial action, removal action, Superfund
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