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 Denise A. Dragoo On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires the U.S. EPA to follow the mandate of Section 321 of the Clean Air Act, 42 U.S.C. […]
by Michael W. Patten On October 7, 2016, the Arizona Corporation Commission’s Hearing Division issued a Recommended Opinion and Order (“ROO”) in the Commission’s Investigation of the Value and Cost of Distributed Generation docket (Docket No. E-00000J-14-0023). The ROO follows an extended evidentiary hearing and post-hearing briefing that took place earlier this year. The ROO proposes […]
by Amanda A. Reeve John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions regarding two very critical and intertwined air regulatory issues: a decision rendered by the Ninth Circuit Court of […]
by Mark D. Johnson Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis? A new California Supreme Court case, Friends of the College of San Mateo Gardens […]
by Karlene E. Martorana The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”). California Water Code Section 13561 defines “direct potable reuse” as “the planned introduction of recycled water either directly into a public water system, as defined in Health and Safety […]
by Raymond S. Heyman Rooftop solar companies and their trade associations are intervening in a variety of state utility regulatory proceedings around the country. In Arizona, for example, in the past two years they have intervened in three rate cases for investor owned electric utilities and two rate cases for member-owned electric cooperatives. Additionally, rooftop solar advocates have intervened […]
by Amanda A. Reeve We have all heard, and likely even experienced its meaning on numerous occasions, the old adage of being stuck between a rock and a hard place. Finding oneself in this position is most unpleasant as it means there are no viable options out of the dilemma. Interestingly enough, Yuma County, Arizona […]
by Timothy J. Sabo The Arizona Supreme Court has affirmed the broad constitutional powers of the Arizona Corporation Commission, in an opinion issued on August 8, 2016. The decision comes in Residential Utility Consumer Office v. Arizona Corporation Commission, a widely-watched case about the scope of the Commission’s power. The case involved a challenge by […]
by Timothy J. Sabo Water is essential to Arizona. Hundreds of thousands of Arizonans are served by privately-owned water companies regulated by the Arizona Corporation Commission (ACC). There are hundreds of these companies. They range widely in size, financial condition, and expertise. Perhaps the hardest job is faced by the smallest utilities, who must provide […]
by Maribeth M. Klein While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”) and the State of Colorado in the wake of the disastrous release from the Gold King Mine into the Animas […]
