53rd Arizona Legislature – Highlights

Early on the morning of May 4, the Arizona Legislature adjourned the Second Regular Session of the 53rd Legislature. No discussion of the work of the recently completed session would be complete without addressing education, education funding and engagement by virtually the entire legislative community.  The Chamber of Commerce, the Governor, the movement, the Legislature, all …

Changes Proposed to Research and Data Used by EPA

As recently reported in a number of news outlets, Environmental Protection Agency (EPA) Administrator Scott Pruitt has proposed a rule within the EPA that would require the Agency to use research that is publicly available in promulgating new rules alleged to be “scientifically-based.”  This could be an important change to every company over which EPA …

Arizona Water Permitting Process Updated

Governor Ducey recently signed two bills passed by the Arizona legislature dealing with water quality programs. The first, SB1494 requires the Arizona Department of Environmental Quality (ADEQ) to establish an Underground Injection Control (UIC) Permit program. In doing so, the State will assume primacy for UIC permitting under the Safe Drinking Water Act. The ADEQ attempted …

EPA Centralizes Responsibility for Clean Water Act Jurisdictional Determinations

On March 30, 2018, EPA Administrator Scott Pruitt issued a memorandum and delegation of authority that move responsibility for the EPA’s role in Clean Water Act Jurisdictional Determinations to EPA’s Assistant Administrator for Water. Responsibility for this role previously resided with regional EPA administrators. Jurisdictional Determinations are a critical aspect of the “dredge-and-fill” permitting requirements under section 404 …

Attention Manufacturers of Gaming Devices: Nevada to Consider Regulatory Amendments

In Nevada, manufacturers and distributors of gaming devices and related equipment have been unwilling to enter the market because of the high cost and arduous nature of the licensing process. This can curtail innovation and development of new products, as many smaller companies are forced to limit their activity to less-regulated markets, even if their …

Southwest Power Pool Integration of Mountain West Transmission Group Moves Forward

On March 13, the Southwest Power Pool (SPP) approved a set of terms and conditions that will govern the Mountain West Transmission Group’s pending membership in SPP. Specifically, 18 policies were adopted addressing terms of SPP membership in areas including: governance; DC ties between the systems; transmission planning and resource adequacy; and rates and revenue. …

EPA Seeks Comment on Possible Regulation of Groundwater Discharges

The U.S. Environmental Protection Agency (EPA) recently requested public comments on whether pollutant discharges that reach “waters of the United States” are subject to regulation under the Clean Water Act (CWA) and require National Pollutant Discharge Elimination System (NPDES) permits. This announcement comes on the heels of a recent Ninth Circuit decision finding that certain …

Proposed Energy Modernization Plan: Tribes and Clean Energy Proponents Can Likely Benefit

On January 30, 2018, Arizona Corporation Commissioner Andy Tobin proposed a new “Energy Modernization Plan” for the state of Arizona.  The proposed plan seeks to implement a comprehensive approach to develop  clean energy resources for Arizona’s electricity infrastructure.  Even though Tribes are not mentioned in the plan, Tribes and clean energy proponents should consider the …