Patrick Paul

Patrick Paul

Snell & Wilmer

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What the Trump Presidency Means for the Environment

To the victor belong the spoils, and President-elect Donald Trump’s victory in the presidential election (get used to it) and Republican Congressional control will significantly impact environmental programs and priorities...more

11/29/2016 - Barack Obama Clean Power Plan Climate Change DOJ Donald Trump EPA Executive Orders Fracking Keystone XL Pipeline Kyoto Protocol Paris Agreement Presidential Elections Renewable Energy Repeal Tax Credits Waters of the United States

California Supreme Court Upholds Precondemnation Procedures

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

9/12/2016 - CA Supreme Court Condemnation Damages Department of Water Resources Eminent Domain Environmental Site Assessment Precondemnation Public Agencies Real Estate Market

Governor Ducey Vetoes Water and Development Bills

With the second regular legislative session of Governor Doug Ducey’s tenure complete, the Governor exercised his veto pen rejecting several laws impacting water and land development. On May 9th, Governor Ducey vetoed two...more

6/3/2016 - Governor Ducey Governor Vetoes Groundwater Management Plan Pending Legislation Real Estate Development

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more

4/18/2016 - Air Quality Standards Clean Air Act Department of Environmental Quality EPA NAAQS Ozone Proposed Legislation

Eminent Domain: Be Careful What You Ask For

The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...more

2/8/2016 - CERCLA Condemnation Contaminated Properties Eminent Domain Environmental Liability Hazardous Substances Public Works Real Estate Market

New Mexico Files RCRA Notice of Intent to Sue EPA

On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

1/22/2016 - Contamination EPA Groundwater Mining Notice of Intent RCRA Toxic Spills Wastewater

Waters of the U.S. Rule Drowning to Start 2016

Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more

1/22/2016 - Anti-Deficiency Act Clean Water Act EPA GAO Social Media US Army Corps of Engineers Waters of the United States

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

9/3/2015 - Clean Water Act Construction Defects Duty of Care Economic Loss Doctrine EPA Farms Housing Developers Migrant Workers Preliminary Injunctions Subsequent Purchasers Waters of the United States

Clean Water Rule Halted in Arizona and 12 Other States

On August 27, 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 (EPA) and Army Corps of Engineers’ “Waters of The...more

9/2/2015 - Clean Water Act Construction Industry EPA Preliminary Injunctions US Army Corps of Engineers Waters of the United States

The Obama Administration and EPA Issue Aggressive Clean Power Plan to Reduce Carbon Dioxide Emissions from Existing Power Plants

On August 3, 2015, President Barack Obama and the United States Environmental Protection Agency (EPA) issued their final Clean Power Plan rule, which imposes requirements on states and tribes to reduce carbon dioxide...more

8/10/2015 - Barack Obama Carbon Emissions Clean Power Plan EPA Power Plants

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

3/18/2015 - ASTM CERCLA Compliance Contaminated Properties Due Diligence Environmental Litigation Expert Testimony Innocent Owner Defense Land Owners Summary Judgment

EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more

7/10/2014 - ASTM Carbon Emissions CERCLA Clean Power Plan Environmental Policies EPA Greenhouse Gas Emissions Power Plants

EPA Approves Maricopa County’s Five Percent Dust Plan

On May 30, 2014, the United States Environmental Protection Agency (EPA) approved Maricopa County’s proposed plan to meet federal air quality standards for particulate matter measuring ten microns or less (i.e., dust), known...more

6/6/2014 - Air Pollution Air Quality Standards Clean Air Act Environmental Policies EPA NAAQS

Environmental Due Diligence Standards: Present and Future

The first half of 2013 has experienced greater economic activity than in recent years. The housing market appears to be recovering, albeit slowly. More lending and transactional activity is occurring at the commercial level....more

8/2/2013 - BFPP CERCLA Due Diligence Environmental Liability Environmental Policies EPA Tenants Vapor Intrusion

Current Developments in U.S. Food Regulation

The issue of food regulation, while not novel, has received increasing media and legislative attention. In 2013, an entire issue of Natural Resources & Environment will be devoted to the topic of food law and regulation. In...more

6/5/2013 - CDC EPA FIFRA Food Borne Bacteria Food Contamination Food Recalls Food Safety FSMA

California Scores Another Cap-and-Trade Victory

The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of...more

2/15/2013 - Cap-and-Trade CARB Carbon Off-Set Credits Global Warming Solutions Act Greenhouse Gas Emissions

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