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An aircraft drops slurry on the Museum Fire near Flagstaff.

A federal judge in Montana partially sided with environmentalists, agreeing that the Forest Service violated the Clean Water Act by discharging aerially deployed fire retardant into waterways without a permit, but allowed the continued use of aerial retardants while obtaining a permit. Read more»

The Army Corps of Engineers defined waters of the United States as navigable waters — including wetlands adjacent to these waters — in its regulations. The court now offers a new definition.

Limiting the government’s authority to regulate wetlands under the Clean Water Act, the Supreme Court ended a nearly two-decade-old dispute Thursday, offering a new definition of waters of the United States. Read more»

A creek near Cushing, Oklahoma, will remain under state environmental jurisdiction as long as the Water of the United States rule is suspended in the state. Arizona and 23 other states are currently subject to the federal rule.

After a years-long fight between presidential administrations over the Clean Water Act, the on-again, off-again struggle over the Waters of the United States rule is on again. And off again, depending on what state you live in. Read more»

Tatahatso Wash, along the Colorado River at Grand Canyon National Park, during a flash flood in July, 2018.

A federal judge paused a new Biden administration rule which sought to redefine what constitutes a waterway under the Clean Water Act, though the court found no urgency to implement the new rule before the Supreme Court has the opportunity to rule in another wetlands case. Read more»

Defining which wetlands qualify under WOTUS has been a yearslong issue. The EPA under former President Barack Obama established a new definition, which was then narrowed under the Trump administration.

President Joe Biden on Thursday vetoed a measure that would repeal a rule expanding which types of wetlands can be regulated under the Clean Water Act - though the issue has reached the U.S. Supreme Court, which is expected to decide on the Obama-era rule this session. Read more»

The resolution is an attempt to add another chapter in a long recent history of expanding and contracting definitions on regulatable wetlands.

The U.S. House voted to undo a Biden administration definition of what qualifies as “waters of the United States,” a rule unpopular with farmers and others who say that maintenance on private property is more difficult when permission from the government must be granted. Read more»

The light-colored exposed 'bathtub ring' of formerly submerged shoreline in Lake Mead was already evident in this 2020 photo of the Hoover Dam and diminishing reservoir behind it.

A Ninth Circuit panel revived a Trump-era Clean Water Act regulation that states could not consider a project’s effects on air emissions and road traffic congestion, finding the lower court lacked authority to vacate the rule without finding it unlawful. Read more»

An aerial photo of Rosemont's new effort to dump tailings and other rock waste into dry streams along the west-side of the Santa Rita Mountains.

A federal appeals court rejected Rosemont Copper's bid for a new hearing on its mining project southeast of Tucson, keeping a ruling in place which effectively halted the long-controversial mine in the Santa Rita Mountains. Read more»

An aerial photo of Rosemont's new effort to dump tailings and other rock waste into dry streams along the west-side of the Santa Rita Mountains.

The 15-year struggle over proposed mining activities in the Santa Rita Mountains continued to play out in June, as Toronto-based Hudbay Minerals, the Biden Administration and environmental groups continue to engage in legal wrangling and shifting priorities. Read more»

Rep. Raúl Grijalva pushed the Army Corps of Engineers to take immediate action against Rosemont Copper, telling federal officials they "cannot remain on the sidelines," and must review the company's efforts to "hastily" grade and fill dry washes on a chunk of private land along the western reaches of the Santa Rita Mountains. Read more»

Looking to give states and Native American territories and tribes more power to block energy projects capable of polluting waterways on their land, the Environmental Protection Agency on Thursday proposed reversing a Trump-era rule. Read more»

An aerial photo of Rosemont's new effort to dump tailings and other rock waste into dry streams along the west-side of the Santa Rita Mountains.

A federal judge dismissed a pair of lawsuits filed by three Native American tribes and an environmental coalition over Rosemont Copper's move to expand its mining operations to "Copper World" on the western slopes of the Santa Rita Mountains south of Tucson. Read more»

U.S. Rep. Raúl Grijalva during a press conference in April.

Rep. Raúl Grijalva asked the Justice Department to investigate a former Trump administration Cabinet member, saying he engaged in a quid-pro-quo relationship with a real estate developer, seeking campaign funds in exchange for a water permit needed for a massive housing project outside of Benson, Ariz. Read more»

An aerial photo of Rosemont's new effort to dump tailings and other rock waste into dry streams along the west-side of the Santa Rita Mountains.

In a win for environmental groups and three Native American tribes,, a federal appeals court has upheld a ruling that halted the long-controversial Rosemont open-pit copper mine in the Santa Rita Mountains about 30 miles southeast of Tucson. Read more»

Tatahatso Wash, along the Colorado River at Grand Canyon National Park, during a flash flood in July, 2018.

Critics fear that Florida’s move to assume authority over wetland management could open the floodgates for more states to claim Section 404 authority - but the hurdles that have mostly stymied such efforts for decades remain significant. Read more»

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