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.
While various States have enacted various regulations covering a wide variety of differing standards over the years, the EPA never created a national standard for remedial or drinking water levels. Finally, after decades of considering proposals and counter proposals, the EPA made a “final” determination in July 2020 during the Trump administration that perchlorate was […]
The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding from the Inflation Reduction Act. The balance of 700,000 acre-feet will need to be conserved […]
On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages. The proposal purports to advance “BLM’s mission to manage the public lands for multiple use and sustained yield by prioritizing the health and resilience of ecosystems across […]
This article is Part 3 of a series providing information about the resilience of Arizona’s water supplies during a time in which the news is dominated by stories about drought and scarcity. As we noted in Part 1, Arizona has a very diverse water portfolio to draw on, including Colorado River water, in-state surface water, […]
While the local and national press inundate us with articles about the dire nature of Arizona’s water supplies and questions about why people are even allowed to live in a desert, careful planning by water leaders over decades has created resilient responses to these challenges that are unmatched in the Southwest and perhaps the nation. […]
Arizona’s water supplies have been front page news for months. Both local and national media have reported on increasingly serious shortages on the Colorado River and the inability of the states that rely on the River to reach consensus on how to share those shortages. Other outlets have reported on issues relating to Arizona’s groundwater […]
by Fred Breedlove The U.S. Bureau of Reclamation has released its Near-term Colorado River Operations Draft Supplemental Environmental Impact Statement, analyzing three paths forward for managing the Colorado River in light of the potentially dire consequences if they fail to act. The Draft SEIS describes three potential choices without making a specific recommendation: (1) do […]
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 […]
