by Patrick J. Paul To the victor belong the spoils, and President-elect Donald Trump’s victory in the presidential election (get used to it) and Republican Congressional control will significantly impact environmental programs and priorities going forward. Among other campaign commitments, President-elect Trump promised to increase fossil fuel production and to repeal numerous environmental initiatives of […]
by Karlene E. Martorana The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”). California Water Code Section 13561 defines “direct potable reuse” as “the planned introduction of recycled water either directly into a public water system, as defined in Health and Safety […]
by Timothy J. Sabo Water is essential to Arizona. Hundreds of thousands of Arizonans are served by privately-owned water companies regulated by the Arizona Corporation Commission (ACC). There are hundreds of these companies. They range widely in size, financial condition, and expertise. Perhaps the hardest job is faced by the smallest utilities, who must provide […]
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 […]
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 […]
by Bill Staudenmaier It has become a familiar refrain. For each of the past three years, the United States Bureau of Reclamation, which operates the major reservoirs on the Colorado River, has announced a new “record low” water elevation in Lake Mead. A quick Google search identifies articles or posts discussing this downward trend in […]
by Chris Colyer The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. This decision, United States Army Corps of Engineers v. Hawkes Co., Inc., rejects the United States Army Corps […]
by Patrick J. Paul On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environment Protection Agency (EPA), the State of Colorado, and others for violating 42 U. S. C. § 6972(a)(1)(B) alleging that it had created an […]
by Patrick J. Paul Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition of “waters of the United States” under the Clean Water Act, this rule is starting […]
by Timothy J. Sabo The White House has released a new report, “Water Resource Challenges and Opportunities for Water Technology Innovation” (December 2015). The report describes a strategy of promoting innovation in the water sector, described as a “moonshot” effort. The report includes a notable emphasis on market forces, especially in the West, stating (page […]
