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Hot Topics in Utility Regulation and the Spread Option Offense (Yes, American Football Can Be an Analogy for Anything)

by Jason D. Gellman In the 1980s, legendary head coach Joe Gibbs for the Washington D.C. franchise was tortured about how to deal with ferocious pass-rushing force and elite outside linebacker Lawrence Taylor for the New York Giants (#2 overall pick in the ’81 NFL draft out of UNC).  Using his coaching genius, Gibbs inserted stalwart […]

| 8 min read
RK

Patience and Perseverance Paves the Way for Air-izona

by Amanda A. Reeve John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.”  This is certainly apropos for Arizona in light of recent federal actions regarding two very critical and intertwined air regulatory issues: a decision rendered by the Ninth Circuit Court of […]

AR
Environmental & Regulatory Policy Advisor

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Mark D. Johnson Change is inevitable.  Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes.  Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis?  A new California Supreme Court case, Friends of the College of San Mateo Gardens […]

MJ
Former Partner

Rooftop Solar Companies and Utility Regulation

by Raymond S. Heyman Rooftop solar companies and their trade associations are intervening in a variety of state utility regulatory proceedings around the country. In Arizona, for example, in the past two years they have intervened in three rate cases for investor owned electric utilities and two rate cases for member-owned electric cooperatives. Additionally, rooftop solar advocates have intervened […]

| 3 min read | Tagged: , , , , , , , ,
RH
Former Partner

The Clean Air Act Creates a Nightmare for Yuma County

by Amanda A. Reeve We have all heard, and likely even experienced its meaning on numerous occasions, the old adage of being stuck between a rock and a hard place. Finding oneself in this position is most unpleasant as it means there are no viable options out of the dilemma.  Interestingly enough, Yuma County, Arizona […]

AR
Environmental & Regulatory Policy Advisor

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

by Maribeth M. Klein While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”) and the State of Colorado in the wake of the disastrous release from the Gold King Mine into the Animas […]

| 2 min read
MK
Former Counsel

Murky Waters Following the Gold King Mine Spill

by Cynthia M. Chandley In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the San Juan River, and the Colorado River may be left with long-term […]

CC
Former Partner

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 […]

FG
Former Associate

Recent Developments in the Gold King Mine Spill

by Megan H. Tracy On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine spill. In a letter to U.S. Attorney General Loretta Lynch, Sens. Barrasso and McCain stated that […]

| 3 min read | Tagged: , , , ,
MT
Former Associate

Does a Project’s Impact on the “Character of the Community” Need to Be Evaluated under CEQA?

by Sean M. Sherlock Harry Rogers owned and operated a horse boarding facility called the Stock Farm, in the City of Poway, California – a city that proudly calls itself the “City in the Country.”  Rogers wanted to shut down the Stock Farm and subdivide his land into residential lots.  Not surprisingly, some of the […]

| 4 min read | Tagged: