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 On March 14, 2023, EPA announced the first ever national drinking water standard for PFAS via its proposed National Primary Drinking Water Regulation (NPDWR) for six specific PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic […]
by Patrick J. Paul On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company requiring it to remediate the chemicals spilled. EPA had previously sent the railroad a letter […]
by Patrick J. Paul According to EPA’s press release, $5 billion is scheduled for investment over five years to help communities that are on the frontlines of PFAS contamination reduce PFAS in drinking water. The initial allotment of $42 million to Arizona can be used to prioritize infrastructure and source water treatment for pollutants, like […]
By: Luke Narducci and Amanda Reeve The U.S. Environmental Protection Agency (USEPA) issued a Request For Applications (RFA) on January 10, 2023, for projects “supporting community-based nonprofit organizations (CBO’s) in their efforts to collaborate and partner with other stakeholders…to develop solutions that significantly address environmental or public health issue(s) in communities disproportionately burdened by environmental […]
By: Luke Narducci and Amanda Reeve Further building upon its Environmental Justice (EJ) Legal Tools, on January 11, 2023, the U.S. Environmental Protection Agency (USEPA) released the Cumulative Impacts Addendum updating its existing legal guidance for advancing EJ actions. This Addendum discusses a variety of federal and regulatory provisions and the considerations in which “cumulative […]
by Amanda Reeve The U.S. Environmental Protection Agency (USEPA) announced on January 6, 2023, that it is proposing to modify the National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5). The current annual primary (health-based) NAAQS for PM2.5 is set at 12.0 micrograms per cubic meter of air (µg/m3); but it could soon […]
by Luke Narducci, Mike Ford, Amanda Reeve ADEQ is providing new and improved help for small rural water systems. We are sharing this notice to help bring awareness to this important issue. To that end, we will be following up with information impacting water users and providers. As the year gets underway and with the […]
by Michael C. Ford The mining industry was on the losing end of two recent Clean Water Act cases. Stone v. High Mountain Mining Company, LLC,[1] was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s operations include […]
by Mitchell J. Klein Environmental practitioners are well aware of the astonishing breadth and scope of the impacts resulting from the investigations into the ubiquitous presence of the so-called “forever chemicals”, including the significant efforts being expended at both the State and Federal level on regulating their use and establishing remedial standards. But PRPs, landowners, […]
by Michael C. Ford In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production. The “Clean Power Plan” (“CPP”) rule was projected to reduce the reliance on coal for electricity generation from 38% (2014) to […]
