EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs. The EPA’s recent decision to put Perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, on its […]
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The Arizona Department of Environmental Quality (“ADEQ”) filed suit against a company alleging that it was violating an Administrative Consent Order (“ACO”). What made the lawsuit unusual was that ADEQ also sued 3 individual officers of the company, alleging that because the company was small, the individual Officers and Board members were each “operators” and […]
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by Patrick Paul, Shawane Lee, and John Habib In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the Environmental Protection Agency (EPA) over its new PM-2.5 standard. The petition for review, filed on […]
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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 […]
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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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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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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It seems that not a day goes by without another news story bringing Arizona to the forefront of a national dialogue about water security in a time of drought, changing climate, and growing population. This article is Part 6 of Snell & Wilmer’s series providing context for that dialogue as it applies to Arizona’s diverse […]
While various States have enacted various regulations covering a wide variety of differing standards over the years, the EPA never created a national standard for remedial or drinking water levels. Finally, after decades of considering proposals and counter proposals, the EPA made a “final” determination in July 2020 during the Trump administration that perchlorate was […]
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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 […]
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