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Shutdown Reflections on WOTUS

by Michael C. Ford The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal).  The pre-publication version of the WOTUS Proposal was released on December 11, 2018.[1]  Less than a week after the shutdown began, […]

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Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

by Michael C. Ford The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered Species Act (ESA).  The proposed regulations respond to the Trump Administration’s directive to solicit public input on ways […]

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Epic WOTUS Thriller for your Summer Reading List

by Michael C. Ford There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) released a Supplemental Notice of Proposed Rulemaking to “clarify, supplement and seek […]

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ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

By Michael Ford On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory programs: the Clean Water Act Section 404 (“404”) Permit Program, and the Safe Drinking Water Act Underground Injection Control (“UIC”) […]

Snell & Wilmer Attorney Mike Ford to be Keynote Speaker at Southern Arizona Environmental Management Society’s 30th Anniversary Celebration

Snell & Wilmer attorney Mike Ford will be the keynote speaker at the Southern Arizona Environmental Management Society Inc.’s 30th Anniversary Evening Mixer Celebration on November 29, 2017.  SAEMS promotes awareness, education, and understanding of environmental issues, and provides a forum for the exchange of ideas and information between private enterprises, government, industry, and education […]

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Upcoming Video Webcast: Shielding Clients from Environmental Liabilities

Snell & Wilmer attorney Mike Ford will be speaking on “Shielding Clients from Environmental Liabilities” in the upcoming video webcast “Limiting Liability for Real Estate Sales and Purchases,” presented by the National Business Institute on December 7, 2017.  Here is a link to the full agenda and registration site:  Limiting Liability for Real Estate Sales and […]

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Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Michael C. Ford Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis of the key dates and developments (as of this morning!) June 29, 2015.  The Environmental Protection […]

Regulatory Burdens On Retailers Continue to Evolve

by Michael C. Ford In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business. Prop 65 Amendments. If your company sells consumer products in California (the 6th largest economy in the world!)[1], it will want to be familiar with recent amendments to the […]

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Industry, NGOs, Republicans, and Democrats Bond over Chemistry

by Michael C. Ford and Farris J. Gillman* The Frank R. Lautenberg Chemical Safety for the 21st Century Act was passed in the House by an overwhelming vote of 403 – 12.  After passing the Senate, it was signed into law by President Obama on June 22, 2016. The Lautenberg Act is the first major […]

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EPA Revs Up Engine Emissions Enforcement Program

by Michael Ford The recent news about EPA’s enforcement action against Volkswagen for alleged noncompliance with EPA’s emissions control requirements has shocked the vehicle industry and marks the beginning of an enforcement resolution process that has already severely impacted the company and its reputation, will take years to resolve, and could involve criminal prosecutions.  The […]

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