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Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

President Trump Issues Executive Order on Immediate Measures to Increase American Mineral Production

On March 20, 2025, President Trump issued an Executive Order (EO) directing his administration to immediately implement measures bolstering the production of America’s critical minerals, including uranium, copper, potash,...more

U.S. Environmental Protection Agency Announces 31 Actions

On March 12, 2025, the U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that the agency is undertaking 31 significant actions in furtherance of the President’s Inaugural Day Executive Orders....more

Federal Agencies to Revise Waters of the United States Rule

The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

Trump Initiates an Investigation Into Potential National Security Threat of Copper Imports

National security is the focus of an Executive Order (EO) signed by President Donald J. Trump on February 25, 2025, entitled “Addressing The Threat To National Security From Imports of Copper.” As the EO asserts, copper is a...more

President Trump’s Executive Actions’ Drill Down to “Commonsense” Sweeping Reforms

“We will drill, baby, drill!” This was an emphatic promise from President Donald J. Trump during his Inaugural Address on January 20, 2025; but also his campaign mantra that, in part, contributed to his electoral and...more

Mining Permitting Just Got an Upgrade: Understanding BLM’s New Approach

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands....more

Revitalization of the Multiple Use Mandate

On February 11, 2025, the U.S. House Committee on Natural Resources, Subcommittee on Federal Lands, held an Oversight Hearing on “Restoring Multiple Use to Revitalize America’s Public Lands and Rural Communities.”...more

Trump Issues Executive Order for Deregulation

President Donald J. Trump, in December 2017, discussed the number of regulations eliminated in his first Administration’s “far-reaching regulatory reform,” known as the “two-for-one rule.” Eleven months earlier, Trump had...more

BLM Announces Actions to Improve Mine Permitting

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands. With the launch of the new “pre-plan coordination”...more

President Biden Signs into Law the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and...more

Mining Milestones: D.C. Circuit Upholds Key Mill Site Flexibility – What’s Next?

A recent decision by the U.S. Court of Appeals for the D.C. Circuit in Earthworks v. U.S. Department of the Interior has important implications for mining companies operating on public lands. This ruling upholds the Bureau of...more

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

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