Regulatory Utility Commissioners Seek Role in Development of EPA Climate Rules

In June, President Obama directed the U.S. Environmental Protection Agency to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of the Federal Clean Air Act. Under the directive, the EPA is to propose such standards no later than June 2014 using a process that would require individual states to submit plans no later than June 30, 2016, explaining to the EPA how the states will implement those standards. The prospect of these regulations is expected to focus directly on the use of coal as a fuel for electric power generation.

The President’s June directive to EPA included an instruction that EPA work closely with the states, which “will play a central role” in the process of implementation of GHG regulations. Drawing on this late last month, the National Association of Regulatory Utility Commissioners adopted a resolution stating that EPA should “rely on both state utility and environmental regulators to lead the creation of emission performance systems that reflect the policies, energy needs, resource mix, [and] economic conditions of each state and region.” A copy of the Resolution is available, along with a short summary of the proceeding, at The Hill website here.

The fundamental issue at play is the long-term cost of alternative fuels that might replace coal, and the potential for retiring or reducing the use of existing coal-fired plants before they would otherwise become obsolete. These prospects have the potential for direct impacts on rate payers who may be required to share the cost of replacement plants or systems while also completing payoff of the construction costs of the existing coal-fired plants. There are also direct concerns associated with the production of coal in areas where that activity is a major component of the local economy.

For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you may have.

Land Protection Brand of Georgia EPD Organizational Changes

The Land Protection Branch of Georgia EPD recently announced several organizational changes. The reorganization became effective on August 1, 2012.

Included among the Branch reorganization are:

• The position of Assistant Branch Chief has been established and is held by Jeff Cown

• A new Special Projects role for data management and work process improvements is held by Renee Hudson Goodley

• Response and Remediation Program now includes the Brownfields Unit. Derrick Williams has assumed the role of Program Manager, moving from the Underground Storage Tank Program

• The new Program Manager for the Underground Storage Tank Program is Lon Revall

• Acting Manager of the Solid Waste Program, pending selection of a permanent program manager, is Melanie Henry

• Jan Simmons heads the Hazardous Waste Management Program, under which the Hazardous Waste Compliance Program and the Lead and Asbestos Unit have been consolidated

• Jim Brown leads the Hazardous Waste Corrective Action Program, and part of the Hazardous Waste Management remediation projects and associated staff now fall under that Program

• The Waste Reduction and Scrap Tire Units are being consolidated into the Solid Waste



For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you may have.


EPA Issues Final Step 3 Tailoring Rule

On July 12, EPA issued its Final Step 3 Tailoring Rule, announcing that EPA has decided not to lower the greenhouse gas (GHG) permitting levels and therefore will not be including additional, smaller sources in the PSD/Title V permitting programs at this time.  77 Fed. Reg. 41,300 (2012).

For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you may have.

Welcome to Burr & Forman’s Environmental Law Matters Blog!

The complex system of environmental laws and regulations impact our clients’ businesses in a variety of contexts. Our attorneys regularly counsel clients on environmental legal issues arising in business strategy, regulatory compliance, permitting, transactions and resolution of disputes. Land conservation, historic preservation, brownfield redevelopment, environmental remediation, recycling, greenhouse gas, climate change, and regulation of air, water and wastes, all have the potential to pose challenges to corporate or real estate transactions. Our attorneys have a long history of handling such matters, and handling environmental cases in state and federal courts.  We have launched this blog to help our clients keep up with news, statutory changes, legal opinions and practical tips involving all areas of environmental law.

Because many of the laws relating to the regulation of environmental issues are state-specific, we will focus on developments in Burr & Forman’s Southeastern footprint of Alabama, Florida, Georgia, Mississippi, and Tennessee. However, we will also cover any particularly impactful or interesting events in other parts of the country and at the Federal level.

We hope that our clients, as well as other interested parties, will find this blog informative and entertaining and will make it a regular part of their reading. If you ever have a question about something on the blog or have an environmental legal issue, feel free to contact any of Burr & Forman’s Environmental team members, and we will be happy to assist you. If you need help in a state outside of Alabama, Florida, Georgia, Mississippi, or Tennessee, let us know. We have aligned our firm with trusted practices across the country and around the world, and we will get your questions answered at the right law firm.

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