Environmental and Natural Resources

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

No 2016 Shortage Declaration on the Colorado River: You Can’t Simply “Blame it on the Rain…”

by Karlene Martorana According to the 24-month study released August 17, 2015 by the United States Bureau of Reclamation (Reclamation), despite earlier predictions to the contrary, a shortage will not be declared on the Colorado River for 2016. Under the 2007 Record of Decision on Colorado River Interim Guidelines for Lower Basin Shortages and the […]

| 3 min read
KM
Former Counsel

Apparently Dilution Might be the Solution to Pollution

by Patrick Paul As we previously reported, less than a month ago contractors working under the guidance and direction of the United States Environmental Protection Agency (EPA) inadvertently triggered a breach at the abandoned Gold King mine near Silverton, Colorado, thereby unleashing three million gallons of mercury, arsenic, and lead-laden sludge into Cement Creek, a […]

| 4 min read
PP

Clean Water Rule Halted in Arizona and Twelve Other States

by Patrick Paul and Chris Colyer On August 27th, the day before it was set to become final, a federal district court in North Dakota halted implementation of the United States Environmental Protection Agency’s and Army Corps of Engineers’ “Waters of The United States” rule.  North Dakota v. U.S. E.P.A., Civ. No. 3:15-cv-59. Arizona and […]

| 3 min read
PP
CC

Deadlines for EPA’s New General Permit for Stormwater Discharges from Industrial Activities Approaching Fast

by Maribeth M. Klein On June 4, 2015, the U.S. Environmental Protection Agency (EPA) issued a revised National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activities. EPA’s MSGP only applies in areas where EPA remains the NPDES permitting authority, such as: Idaho, New Mexico, Massachusetts, New Hampshire; the […]

| 3 min read
LW
Former Proposals Specialist