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Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to...more

Controversial BLM 3.0 Proposal Released for Public Comment

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...more

Environmental Justice Grants Available for Qualifying Air-Related Projects

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...more

USEPA Releases Updated Environmental Justice Related Legal Guidance

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...more

Office of Environmental Justice & Reviving Supplemental Environmental Projects

On May 5, 2022, the U.S. Department of Justice (“USDOJ”) announced the launch of a new comprehensive environmental justice (“EJ”) strategy. The three-prong strategy, as laid out by the U.S. Attorney General in an internal...more

Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United...more

Environmental Justice Coming into Focus Under Biden’s USEPA

In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 stimulus...more

Environmental Justice: A Focus in Criminal Enforcement

The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice...more

Environmental Justice: A Focus in Air Toxics Data Reporting

We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice. Rather than a major new program or enforcement initiative,...more

Governor Ducey’s July Surprise for Key Sunsetting Arizona Environmental Programs

There is no question that the Coronavirus Disease 19 (“COVID-19”) pandemic has been taking its toll on public health, and it is doing so in more ways than some folks may be aware. Environmental programs which are instrumental...more

Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

here 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...more

Log It or Lose It: New Economic Opportunities Open as the Forest Service Changes Its Management Tactics in Northern Arizona

Opportunity for business in Arizona is booming. In a May 2019 ranking in Chief Executive Magazine, Arizona jumped to seventh best state to do business. Arizona is well known for its mineral deposits, but timber was once one...more

The Wild West: Whiskey Is for Drinking and Water Continues to Be for Fighting: The Drought Contingency Plan

This week was a busy week at the Arizona State legislature. Several bills were dropped in order to meet deadlines placed by the federal government to have agreement on a drought contingency plan “DCP” by January 31,...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

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