Welcome to the S&W Environmental, Natural Resources, Oil and Gas Law Blog. This blog is a resource for the regulated community to stay current on new developments impacting the environmental, natural resources and energy sectors. It provides timely updates on a broad range of federal, state and local environmental topics — including proposed legislation and government rulemakings — that impact regulated industries throughout the southwest and the nation as a whole.
by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams and wetlands. The underlying dispute arose from the long-standing controversy over […]
by Matt Derstine With states now modifying their stay-at-home orders and social distancing restrictions, the long-term effects of the Coronavirus (“COVID-19”) pandemic on energy and infrastructure projects remains unclear. But there have been several immediate impacts ranging from supply chain and labor force disruptions, to delays arising from the stay-at-home orders and the financial impact […]
by Kelly A. Daly On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States. Specifically, the President issued Executive Order on Securing the United States Bulk-Power System, which concludes that foreign adversaries are increasingly creating vulnerabilities in the U.S. electric grid that supports […]
by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point source permits under Section 402 (National Pollution Discharge Elimination System) and dredge and fill permits […]
by Patrick Paul As the case for drone use to help respond to the coronavirus pandemic, whether to enforce social distancing guidelines, announce current developments, or deliver needed medical and food supplies, grows internationally, the Federal Aviation Administration (FAA) on April 14, 2020, announced the enabling of drone use for COVID-19 response efforts within the […]
by Fred Breedlove The demands on government and private water providers to address the declining availability of water resources in the southwest did not get a reprieve, unfortunately, when the COVID-19 virus emerged in February. Last August, I wrote that even though the snowpack that feeds the Colorado River was 145% of normal for 2018-2019, […]
by Amanda A. Reeve The U.S. Environmental Protection Agency (“USEPA”) announced today that it is proposing to retain the current National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5″) and course particulate matter (“PM10”). The public comment period for this proposed action will be 60 days from the date that the Proposed Action […]
By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response actions related to cleanup and emergency response sites where EPA is the lead agency […]
by Michael C. Ford The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the emergence of a new and potentially viral threat: citizen suit enforcement. The first quarter of 2020 saw EPA finalize […]
by Kelly A. Daly In an effort to ensure Americans have access to reliable energy during this unprecedented time, the Federal Energy Regulatory Commission (“FERC”) has identified a COVID-19 point of contact and instituted additional procedures to make sure regulated entities can quickly and efficiently receive guidance to assist them in pandemic preparations and operations. […]
