Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their […]
On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages. The proposal purports to advance “BLM’s mission to manage the public lands for multiple use and sustained yield by prioritizing the health and resilience of ecosystems across […]
By: Luke Narducci and Amanda Reeve The U.S. Environmental Protection Agency (USEPA) issued a Request For Applications (RFA) on January 10, 2023, for projects “supporting community-based nonprofit organizations (CBO’s) in their efforts to collaborate and partner with other stakeholders…to develop solutions that significantly address environmental or public health issue(s) in communities disproportionately burdened by environmental […]
By: Luke Narducci and Amanda Reeve Further building upon its Environmental Justice (EJ) Legal Tools, on January 11, 2023, the U.S. Environmental Protection Agency (USEPA) released the Cumulative Impacts Addendum updating its existing legal guidance for advancing EJ actions. This Addendum discusses a variety of federal and regulatory provisions and the considerations in which “cumulative […]
by Luke Narducci, Mike Ford, Amanda Reeve ADEQ is providing new and improved help for small rural water systems. We are sharing this notice to help bring awareness to this important issue. To that end, we will be following up with information impacting water users and providers. As the year gets underway and with the […]
by Luke Narducci and Amanda Reeve On May 5, 2022, the U.S. Department of Justice (“USDOJ”) announced the launch of a new comprehensive environmental justice (“EJ”) strategy. The three-prong strategy, as laid out by the U.S. Attorney General in an internal memorandum, includes: Supplemental Environmental Projects (“SEPs”) are projects that are undertaken by an […]
by Amanda A. Reeve and Lucas J. Narducci After hosting its 2020 Environmental & Sustainability Summit (“ESS”) virtually due to the COVID Pandemic…after all, what else could keep Phoenicians from fleeing the scorching heat and heading up to the cooler temps of Flagstaff…, the Arizona Manufacturers Council (“AMC”) and the Arizona Chamber of Commerce and […]
by Luke Narducci, Mike Ford, and Amanda Reeve On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United States Environmental Protection Agency’s (“EPA”) determination of attainment for the 2008 Ozone […]
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 stimulus package, to Environmental Justice (“EJ”) initiatives. The USEPA’s goal is to quickly dispense these […]
by Amanda Reeve and Lucas J. Narducci The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals. Using authorities granted under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the […]
