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EPA to Revisit Clean Water Act WOTUS Rule

by Patrick J. Paul On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps of Engineers (Corps) announced their intent to revise the definition of “waters of the United […]

The Utah Legislature Chooses “All of the Above” for a Reliable Electric Grid

by Denise A. Dragoo During the recent General Session, the Utah Legislature enacted several major energy bills which confirm the State’s continued investment in, and support of, both conventional and renewable energy sources. The Legislature consistently chose to promote “all of the above” as the energy mix for a more reliable electric grid. Following austerity […]

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Changes Coming Soon to a Due Diligence Project Near You!

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 […]

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LA County to Adopt Green Zone Ordinance, Environmental Justice Initiative

by Sean M. Sherlock Environmental justice is a principle that has been around since at least the 1990s, with roots back to the 1960s. The US EPA describes environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and […]

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Who Will Climate Change Advocates Begin Suing Next?

by Mitchell J. Klein As most people are aware, various public and private entities have filed lawsuits against fossil fuel producers alleging a variety of claims that seek to enjoin behavior and obtain damages as a result of the defendants’ contributions toward climate change. But the question arises as to whether the plaintiffs will be […]

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Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

by Amanda A. Reeve The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law with the remaining eight bills under consideration. These bills […]

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Environmental & Regulatory Policy Advisor

Meet Biden’s Natural Resource Team

By Patrick J. Paul Consistent with his campaign promises to establish a diverse cabinet and leadership team, representative of both the national community and his own philosophy on environmental, energy and climate change issues, President Biden’s natural resource leadership team reflects just that. New EPA Administrator, Michael Regan, a former EPA employee having worked in […]

Biden and the Environment: the First Three Weeks

By Patrick J. Paul Three weeks into the administration of President Biden and Vice-President Harris, early indications suggest a commitment to maintaining campaign promises with respect to numerous energy and environmental-related issues including climate change and environmental justice. On Inauguration Day, January 20, President Biden executed a number of executive orders seeking to undo changes […]

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Colorado Announces GHG Reduction Road Map

By Patrick J. Paul On January 14, 2021, Colorado published its Greenhouse Gas Pollution Reduction Roadmap, representing the most substantive planning process the state has ever undertaken on climate leadership, pollution reduction and clean energy transition. The Roadmap is a testament to the efforts of numerous state agencies including the Colorado Energy Office and the Departments of […]

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FERC Begins to Flex its Jurisdictional Muscles on Carbon Pricing

By Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s electric market.  Not surprisingly, as the governmental entity with jurisdiction over the organized electric markets, FERC acknowledged that regional market rules that […]

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