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About this Blog

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.

SEC Revises (and Weakens) Climate Disclosure Rules

by  Patrick Paul; Shawane Lee; John Habib On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final climate disclosure rules sparking a range of reactions within the business and environmental communities. These changes represent a significant shift in the regulatory landscape for public companies, particularly regarding the reporting of climate-related risks and […]

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EPA Announces Removal of Existing Natural Gas Plants from Proposed Carbon Rule

On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting the complex interplay of environmental justice, political considerations, and regulatory challenges.  EPA first proposed the […]

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FDA and Industry Announce the End of PFAS Use in Food Packaging

In a significant move designed to enhance public health, the U.S. Food and Drug Administration (FDA) has announced that the sale of per- and polyfluoroalkyl substances (PFAS) used in grease-proofing food packaging has ceased in the United States. (USFDA Announcement) This decision targets the major source of dietary exposure to PFAS, which are found in […]

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Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming

Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District (the “District”) adopted its Warehouse Indirect Source Rule – Rule 2305. The rule requires warehouse operators to account for truck trips to and from […]

EPA Issues Emergency New Rule on Waters of the United States

Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act (CWA). Believing that this new rule was urgently needed in light of the recent U.S. Supreme Court eviscerating the […]

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Enviro Justice Org Wants to Sue Warehouses to Enforce South Coast AQMD’s Warehouse Indirect Source Rule

Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties.  The rule requires warehouse operators to account for truck trips to and from their facilities and mitigate the resulting diesel […]

U.S. House Natural Resources Committee Hearing Requiring Withdrawal of Controversial Proposed Rule

The U. S. House Committee on Natural Resources hearing held on Thursday, June 15, 2023, was singularly focused on H.R. 3397, sponsored by Rep. John R. Curtis (R-UT-3), which requires the Director of the Bureau of Land Management (“USBLM”) to withdraw its‘ Conservation and Landscape Health Proposed Rule.  This is the second such committee hearing held […]

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AR
Environmental & Regulatory Policy Advisor

A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead

Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs.  These resources include groundwater, in-state surface water, Colorado River water, long-term storage credits, and reclaimed water.  We also discussed the latest developments on groundwater availability in the Phoenix Active Management Area.  As these […]

Colorado River Update:  Reclamation Issues FR Notice for Post-2026 Operational Guidelines and Strategies

The U.S. Bureau of Reclamation has initiated the Environmental Impact Statement (“EIS”) process for post-2026 operational guidelines and strategies of Lake Powell and Lake Mead.  This process is in addition to the Draft Supplemental EIS we discussed in April, which is intended to ensure that the reservoirs continue to be able to produce power and […]

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Breaking News:  Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years

On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping throughout most of the Phoenix Active Management Area (the “Phoenix AMA”) over the 100-year period mandated by ADWR’s Assured Water Supply […]

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