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Another Step Closer to Direct Potable Reuse: California Releases Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse

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 […]

KM
Former Counsel

Arizona Corporation Commission Issues New Water Policies

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 […]

TS
Former Counsel

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

As Lake Mead Dwindles, Arizona and Other Colorado River Basin States Continue to Plan for a Drier Future

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 […]

In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional Determinations Are Appealable

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 […]

CC

New Mexico Files RCRA Notice of Intent to Sue EPA

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 […]

| 2 min read | Tagged: , , ,

Waters of the U.S. Rule Drowning to Start 2016

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 […]

| 3 min read | Tagged: , , ,

White House Launches “Moonshot” Effort on Water, Promoting Recycling and Market Forces

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 […]

TS
Former Counsel

Will the U.S. Supreme Court Allow Landowners into Federal Court?

by Brad Cahoon Landowners that may have wetlands on their property are in a perplexing position.  If they fill wetlands that are covered by the Clean Water Act without a permit, landowners face jail time, criminal fines, and civil penalties of $37,500 per day per violation.  If they jump into the permitting process, they face […]

| 2 min read
BC
Former Partner