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Court Rejects ADEQ’s Attempt to Remove Corporate Protections For Small Businesses

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 […]

MK

SEC Revises (and Weakens) Climate Disclosure Rules

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 […]

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Breaking News:  Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years

On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping throughout most of the Phoenix Active Management Area (the “Phoenix AMA”) over the 100-year period mandated by ADWR’s Assured Water Supply […]

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ADEQ & Governor Ducey Announce PFAS Funding for Tucson Water

by Patrick J. Paul On June 21, 2021, in conjunction with the Arizona Department of Environmental Quality (ADEQ), Governor Doug Ducey announced the provision of $2 million in state funding to facilitate the restart of Tucson Water –– a treatment plant shutdown due to severe groundwater contamination. The funding is intended to accelerate ongoing efforts […]

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EPA to Collect PFAS Manufacturing Data

by Patrick J. Paul On June 10, 2021, the U.S. Environmental Protection Agency’s (EPA) announced three actions demonstrating its commitment to help reduce the potential risks to the public from per- and polyfluoroalkyl substances (PFAS). RELEASE Those actions included issuing a proposed rule that is designed to gather comprehensive data on more than 1,000 PFAS manufactured […]

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Are Smart Grids Smart Enough to Prevent Cyber Attacks?

by Raymond Heyman As electric utilities move towards the implementation of smart grid software and hardware, an area of interest is potential exposure to cyber attacks. The electric grid generally refers to the network of transmission lines, substations, transformers and related equipment that delivers power from generators to businesses and homes. “Smart grids” integrate digital […]

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RH
Former Partner

Reauthorization of Federal Land Transaction Facilitation Act Offers Opportunities for Federal Land Users, Conservation

by John W. Andrews Buried deep inside the recently passed Consolidated Appropriations Act of 2018[1], legislation reviving the formerly expired Federal Land Transaction Facilitation Act (FLTFA) offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions. Originally enacted by Congress in 2000, FLTFA authorized the […]

Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

By: Graham Gilbert In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include findings of fact sufficient to permit meaningful appellate review.  In McElhaney, the owners of a […]

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GG
Former Counsel

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”) […]