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Articles by Jeremy Lite
Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended | JD Supra
Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real picture wouldn’t make the front page news, but it is nevertheless sensational. For many, many decades to the present day, Arizona has actively managed its water supply and often leads the nation in comprehensive water management and conservation.
U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling | JD Supra
In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as “waters of the United States” (aka WOTUS) for purposes of Clean Water Act (CWA) Section 404 permitting.
New Phase I Standard ASTM E1527-21 Authorized for All Appropriate Inquiries Starting February 13, 2023 | JD Supra
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) issued a final rule authorizing ASTM E1527-21 as compliant with the all appropriate inquiries (“AAI”) provisions of the Comprehensive Environmental Response, Compensation and Liability Act. Effective February 13, 2023, ASTM E1527-21 may be used as the standard to meet AAI requirements. As you may recall, EPA previously issued a direct final rule authorizing use of ASTM E1527-21 for AAI purposes on March 14, 2022.
EPA Approves ASTM E1527-21 Phase I ESA Standard for All Appropriate Inquiry | JD Supra
On March 14, 2022, the United States Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for potential liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
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