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 Cynthia Chandley The Endangered Species Act (ESA) has been around since 1973. It certainly has seen its share of amendments (1978, 1982 and 1988) and it has been the subject of more than its share of litigation. As the law has evolved, its principles have been woven into the fabric of our society, our […]
by Cody Bourke On August 18, 2015, EPA proposed a new set of rules aimed to reduce emissions of methane and Volatile Organic Compounds (“VOCs”) in the oil and gas industry. EPA’s goal is to curb methane emissions from the oil and gas sector by 40 to 45 percent by 2025. This initiative is part […]
by Michael Ford The recent news about EPA’s enforcement action against Volkswagen for alleged noncompliance with EPA’s emissions control requirements has shocked the vehicle industry and marks the beginning of an enforcement resolution process that has already severely impacted the company and its reputation, will take years to resolve, and could involve criminal prosecutions. The […]
By Chris Colyer On October 1, 2015, the United States Environmental Protection Agency (EPA) issued a final rule reducing its National Ambient Air Quality Standard (NAAQS) for ozone from 75 parts per billion (ppb) to 70 ppb. This new standard could have far-reaching impacts on states, particularly Arizona, which have limited options to further reduce […]
by Brad Cahoon Landowners that may have wetlands on their property are in a perplexing position. If they fill wetlands that are covered by the Clean Water Act without a permit, landowners face jail time, criminal fines, and civil penalties of $37,500 per day per violation. If they jump into the permitting process, they face […]
by John Burnside The Arizona Department of Environmental Quality (ADEQ) has amended Arizona’s hazardous waste rules to incorporate recent changes to federal regulations. ADEQ published the final updated hazardous waste rules in the Arizona Administrative Register on July 31, 2015, and they became effective September 5, 2015. Arizona is authorized by the United States Environmental […]
by Jim Allen It’s a familiar admonition to exploration geologists seeking new mineral deposits: Look first “in the shadow of the headframe.” For a variety of reasons, a new source of production is more likely to be found not far from where historic mining took place. But historic mining property comes with a list of […]
by Karlene Martorana According to the 24-month study released August 17, 2015 by the United States Bureau of Reclamation (Reclamation), despite earlier predictions to the contrary, a shortage will not be declared on the Colorado River for 2016. Under the 2007 Record of Decision on Colorado River Interim Guidelines for Lower Basin Shortages and the […]
by Patrick Paul As we previously reported, less than a month ago contractors working under the guidance and direction of the United States Environmental Protection Agency (EPA) inadvertently triggered a breach at the abandoned Gold King mine near Silverton, Colorado, thereby unleashing three million gallons of mercury, arsenic, and lead-laden sludge into Cement Creek, a […]
by Patrick Paul and Chris Colyer On August 27th, the day before it was set to become final, a federal district court in North Dakota halted implementation of the United States Environmental Protection Agency’s and Army Corps of Engineers’ “Waters of The United States” rule. North Dakota v. U.S. E.P.A., Civ. No. 3:15-cv-59. Arizona and […]
