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Publications
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04.24.2024Two PFAS Designated as CERCLA Hazardous SubstancesUpdatesThe U.S. Environmental Protection Agency announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances—PFOA and PFOS, including their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
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05.26.2023Supreme Court Limits Reach of Clean Water ActUpdatesThe U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental Protection Agency (No. 21-454).
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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07.20.2022Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup LevelsUpdatesThe Washington State Department of Ecology recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl substances.
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11.10.2021Washington’s PFAS Chemical Action Plan: Another Piece in the Regulatory PatchworkUpdatesOn November 3, 2021, the Washington Department of Ecology published its final PFAS Chemical Action Plan, which provides a roadmap for addressing uses and releases of those chemicals in Washington State to protect human health and the environment.
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11.02.2021Beyond Cradle to Grave: EPA Proposes to Regulate PFAS “Forever Chemicals” Under RCRAUpdatesIn response to a petition from New Mexico Governor Michelle Lujan Grisham, the U.S. Environmental Protection Agency announced on October 26, 2021, that it will take steps toward regulating per- and polyfluoroalkyl substances commonly referred to as “PFAS,” under the Resource Conservation and Recovery Act (RCRA).
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01.15.2021Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project ImplicationsUpdatesThe U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs).
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11.23.2020Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters ProgramUpdatesThe Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope of the federal Clean Water Act.
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01.31.2019EPA Proposes to Exempt Animal Waste From Reporting RequirementsUpdatesEPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends to issue a final rule this spring.
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08.09.2018Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is RisingUpdatesA federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms.
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01.12.2018Industrial Landowners May Be Liable for Tenants’ Stormwater DischargesUpdatesThe United States District Court for the Northern District of California held that the owners of an industrial park may be liable under the Clean Water Act for illegal stormwater discharges by their tenants, even if the owners played no role in generating or adding to the discharges.
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09.2017Supreme Court to Address on October 11 Whether Sixth Circuit Has Jurisdiction Over Challenges to the Clean Water Rule, Assuming It’s Not DeadArticlesSignaling at least the appearance of progress in a 55-year-old saga nearly as glacially paced as The Hobbit, the Supreme Court has scheduled oral argument on October 11 in the latest case to address the jurisdictional reach of the Clean Water Act.
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06.29.2017Agencies Release Proposed Rule to Rescind Obama-Era Clean Water RuleUpdatesThe Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that it replaced.
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05.2017The Year in Review 2016Lawyer Publications
American Bar Association
Section of Environment, Energy, and Resources Law
Water Quality and Wetlands Chapter -
03.02.2017Executive Order Signals Federal Clean Water Act Jurisdiction Will Be NarrowedUpdatesIn the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S. Army Corp of Engineers to rescind or revise the Obama administration’s 2015 Clean Water Rule.
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12.2016Enforcement: WetlandsBook ChapterThe Wetland Book: Structure and Function, Management and Methods
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08.09.2016EPA Declines to Regulate Forest Road Discharges Under the Clean Water ActUpdatesThe Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act.
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06.01.2016Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in CourtUpdatesThe U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review.
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2016The Year In Review 2015
Book Chapter
American Bar Association, Section of Environment, Energy, and Resources Law
Water Quality and Wetlands Chapter -
2015Regulation of Coastal Wetlands and Other Waters in the United StatesLawyer PublicationsOcean and Coastal Law and Policy
Presentations
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03.15.2018Clean Water Act UpdateSpeaking Engagements
NPDES Permitting; Pesticides
Pacific Northwest Timberlands Management / Portland, OR -
03.01.2018Arizona Land Development and Water Management in the Trump Era - Current State and Federal IssuesSeminarsPhoenix, AZ
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10.2017Environmental Regulatory Update – Clean Water Act Section 404 and Endangered Species ActSpeaking Engagements
Urban Land Institute 2017 Large Landowners Forum
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11.17.2014When It Rains It Pours: Regulating StormwaterSpeaking EngagementsClean Water Act: Law and Regulation / Washington, D.C
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01.15.2014Development Tips on 404, Water & Protected Species IssuesSeminarsRed Rock
11011 W Charleston Blvd.
Las Vegas, NV 89135Please join our Real Estate & Environmental Teams in learning key development tips on 404, water, and protected species issues. We look forward to seeing you there.
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01.14.2014Development Tips on 404, Water & Protected Species IssuesSeminarsMontelucia Resort & Spa
4949 East Lincoln Drive
Scottsdale, AZ 85253Please join our Real Estate & Environmental Teams in learning key development tips on 404, water, and protected species issues.
