Building on the Department of the Interior’s August 2022 announcement addressing the ongoing “megadrought” crisis in the Western United States, and October 2022 announcement that provided new “drought resilience” and
Continue Reading U.S. Interior Department Initiates Actions to Protect Colorado River System, Reduce Deliveries
In light of the “worsening drought crises” and “critically low reservoir conditions” in the Western United States, on Aug. 16, 2022, the U.S. Department of the Interior (“Interior”) announced a
Continue Reading Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023
In the wake of the drinking water crises in Flint, Michigan and elsewhere, the U.S. Environmental Protection Agency (EPA) proposed a rule on Oct. 10, 2019, that would impose new
Continue Reading After Flint, EPA’s New Lead Rule Proposal May Not Satisfy Critics
The U.S. Environmental Protection Agency (EPA) continues to increase its enforcement role in industrial accidents, at times overshadowing the role traditionally played by the Occupational Safety and Health Administration (OSHA).
Continue Reading United States Indicts Facility Owner Under Clean Air Act General Duty Clause
On Sept. 12, 2019, the U.S. Environmental Protection Agency and the Department of the Army followed through on an early Trump administration promise to repeal a 2015 jurisdictional rule defining the scope of the government’s authority under the Clean Water Act. See Definition of “Waters of the United States”—Recodification of Pre-Existing Rules (pre-publication version).
Dubbed the “Waters of the United States” (WOTUS) rule, the Obama-era regulation spawned a tide of litigation, in federal trial and appellate courts, challenging the WOTUS rule as an unlawful attempt by the EPA and the Corps of Engineers to increase the numbers and kinds of waters subject to permitting requirements. The U.S. Supreme Court ultimately weighed in, saying that challenges to the WOTUS rule belong in the federal districts courts, not the U.S. courts of appeals. National Association of Manufacturers v. Department of Defense, __ U.S. __, 138 S.Ct. 617 (2018).
Continue Reading Government Repeals Obama-Era Waters of the U.S. Rule: Major Supreme Court Decision to Come, but ‘Regulatory Patchwork’ Remains
The legalization of industrial hemp production in the 2018 Farm Bill is a likely boon for farmers grappling with the changing agricultural landscape. Given the strong economic forecasts for hemp
Continue Reading EPA Seeks Public Comment on Pesticide Applications for Hemp
On Jan. 14, 2019, the Colorado Supreme Court held in Martinez v. Colo. Oil & Gas Conservation Comm’n, that the Colorado Oil and Gas Conservation Commission (Commission) properly denied
Continue Reading Martinez v. Colorado Oil and Gas Conservation Commission Update