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Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the outright inane: This bulldozing of clean water protections would be […]

| 6 min read | Tagged: , , ,

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

by Patrick J. Paul and Michael C. Ford The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or  Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical substances in total and are found most commonly in household products like nonstick […]

| 4 min read | Tagged: , , , , ,

Pinal Active Management Area Stakeholders Address Projected Water Deficit

by L. William Staudenmaier In November 2019, the Arizona Department of Water Resources (ADWR) released the results of an updated groundwater model that projects a groundwater availability deficit over the next 100 years in the Pinal Active Management Area (AMA) in central Arizona.  The 100-year projection is driven by Arizona’s Assured Water Supply program, which […]

PFAS: The Forever Chemicals Gaining Regulatory Attention

By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized to make products such as nonstick cookware, grease-resistant food packaging, stain repellents, and firefighting foams. […]

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New Rules Influence Groundwater Development in Park City, Utah and the Snyderville Basin

In September, the Utah State Engineer’s Office adopted a new Groundwater Management Plan for the Snyderville Basin and Park City.  The new Management Plan affects, among others, those considering purchasing water rights, changing existing water rights, or pursuing new development in the Snyderville Basin.  A new article in Utah Business by Graham Gilbert discusses how […]

GG
Former Counsel

Idaho Finally Joins the EPA Primacy Party for Water Pollutant Discharge

by Andrew Hawes In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S. Environmental Protection Agency), rather than the state.  At the time, pollutant discharge permitting was administered though the National […]

| 4 min read | Tagged: , , ,
AH
Former Counsel

Colorado River News is a Mixed Bag: Heavy Snowmelt Can’t Prevent “Tier Zero” Shortage

by Fred Breedlove Every year, Colorado River water users anxiously wait for the results of the Bureau of Reclamation’s (“BOR”) August 24-Month Study Report. While the report is updated and published monthly, the August report is particularly significant because it sets the operational tier level for coordinated operation of Lakes Mead and Powell for the […]

FB

Nevada Supreme Court Clarifies Application of the Anti-Speculation Doctrine to Water Permit Extension Requests

By Justin L. Carley & Tom A. Skelly In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State Engineer. If the applicant shows that […]

JC
Former Partner

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the scope of the CWA, impacting permitting across the country. The potential implications for regulated parties […]

Utah Lake/Jordan River General Water Rights Adjudication: I am on the List of Unclaimed Water Rights, Now What?

by Graham Gilbert This article discusses a specific aspect of the Utah Lake/Jordan River General Water Rights Adjudication: options if you miss the deadline for filing a Statement of Water User’s Claim and your water rights end up on the List of Unclaimed Rights.  Before tackling this topic, I want to offer some background about […]

| 5 min read | Tagged: , , , ,
GG
Former Counsel