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, 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 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,[1] was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s operations include […]
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 was projected to reduce the reliance on coal for electricity generation from 38% (2014) to […]
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 every Clean Water Act practitioner’s tongue. In a surprise move, the Supreme Court of the […]
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 Michael C. Ford Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process. The American Society for Testing and Materials (“ASTM”) – the group that publishes the Phase I standards under the designation “ASTM E 1527” – regularly reviews […]
by Patrick Paul, Chris Colyer, Michael Ford In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement priorities of the U.S. Environmental Protection Agency (EPA) and certain other state agencies like the Arizona Department […]
By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response actions related to cleanup and emergency response sites where EPA is the lead agency […]
