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 Patrick J. Paul As the world faces an unprecedented pandemic with the rapid spread of the coronavirus, drones are being increasingly deployed to assist in the response. From delivery, to disinfectant, to photography, the use of drones in this crisis continues to grow as emergency responders and food and medical supply delivery companies attempt […]
by Michael C. Ford OSHA has responded to the COVID-19 outbreak with a dedicated webpage that includes guidance for employers. While emphasizing that the current risk for most types of workers remains low, the guidance covers preparing workplaces for COVID-19, preventing worker exposure, as well the OSHA standards that may apply. While no standard specifically […]
by L. William Staudenmaier The United Environmental Protection Agency (EPA) has issued guidance (https://www.epa.gov/coronavirus/coronavirus-and-drinking-water-and-wastewater#tapwater) regarding the status of public drinking water systems in light of the ongoing spread of the COVID-19 coronavirus across the country. In the guidance document, EPA states that “[b]ased on current evidence, the risk to water supplies is low. Americans can […]
by Andy Hawes A year ago, we blogged about the Senate-proposed Natural Resources Management Act (NRMA) which sought to permanently reauthorize the Land and Water Conservation Fund (LWCF). The proposed NRMA was developed largely due to the efforts of a number of outdoor recreation and conservation organizations who lobbied Congress to permanently reauthorize the LWCF. […]
By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2] The EA conditions approval on adherence to all […]
by Fred Breedlove We posted very recently about the public’s opportunity to shape water conservation policy in Arizona Active Management Areas (“AMAs”), but there are presently two other opportunities to develop Arizona water policy that the public can get involved in. In the Pinal AMA, efforts are ongoing to address a shortfall of groundwater supplies […]
by Mitchell J. Klein Because proving who is responsible for introducing PFAS contamination into water supplies can be difficult and expensive, and pursuing government entities such as military bases, firefighting training facilities and airports is particularly problematic, the manufacturers of PFAS-containing products appear to be easier targets. Thus, private well owners and public water utilities that […]
by Fred Breedlove Arizona’s 1980 Groundwater Code offers a unique opportunity for the public to get involved in shaping water policy through the process of adopting management plans for the Active Management Areas (“AMAs”). The process is playing out now and there are still opportunities to make your voice heard. There are five AMAs, generally […]
By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2] The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]
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 […]
