Environmental Law Matters Blog | Burr & Forman LLP

Regulatory Utility Commissioners Seek Role in Development of EPA Climate Rules

Mon, 02 Dec 2013 09:00:01 -0500

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 ...

Georgia DNR Board Postpones Vote on CAFO Rules Changes

Thu, 21 Nov 2013 09:00:02 -0500

On November 18, the Board of the Georgia Department of Natural Resources postponed a vote scheduled for December 3 on rules changes that, if approved, could expand the state's hog industry by raising the threshold for stricter environmental controls on hog operations from 7,500 to 12,500 hogs per facility. DNR indicated that the proposed rule changes would be subject to further review and study. 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.

Questioning Environmental Law And Regulatory Policy

Tue, 05 Nov 2013 09:00:03 -0500

A significant issue in the recent federal government shut down was the fundamental question over the scope of government authority and its role in a wide range of activities. In short, should there be any government involvement with respect to particular issues? While the shut down focused most directly on the federal healthcare program, similar questions have been raised both about Congressional enactments over things such as environmental protection, and the scope of those enactments as reflected by regulation. These policy and practical issues are playing out now with respect ...

Seek Advice In Drafting Trade Secrets And Confidentiality Agreements

Tue, 05 Nov 2013 09:00:04 -0500

In an article recently posted at mondaq.com, Richard Stobbe provides several excellent examples of why employers should consult with their counsel when drafting trade secrets and confidentiality agreements, instead of copying cookie-cutter examples found on the internet. In his article, Keeping Secrets: Trade Secrets and Confidentiality Agreements, Stobbe notes that many "off-the-shelf" agreements are drafted with terms that do not apply to the employer's business or the specific transaction, or apply another state's laws. Also, many form agreements define key terms ...

Georgia DNR Board to Consider Increases to CAFO Permitting Thresholds

Mon, 28 Oct 2013 09:00:05 -0400

The board of the Georgia Department of Natural Resources will consider changes to rules for permit requirements for swine feeding operations. The most significant change proposed is to increase the threshold for triggering the requirement to obtain a permit from Georgia EPD under the Georgia Water Quality Control Act. Currently, a swine feeding operation is exempt from permitting if it manages less than 75,000 mature swine or 30,000 immature swine (less than 55 pounds). The proposed rule would increase the permit threshold to 12,500 mature or 50,000 immature swine. The proposed ...

Judge Barbier Responds To Court Of Appeals In Deepwater Horizon Litigation

Mon, 21 Oct 2013 09:00:06 -0400

On October 2, 2013, BP won a reprieve in its ongoing effort to tighten standards and slow claims payments by Claims Administrator Patrick Juneau. BP had asked the court to direct Mr. Juneau to halt payments that did meet stricter standards. At stake for the oil company may be billions of dollars in additional settlement claim payments. The Fifth Circuit agreed in part with BP. In a 2-1 decision, the appellate court reversed the lower court and directed United States District Court Judge Carl Barbier to enter an injunction halting certain payments pending the court's review of the issues ...

Tennessee Governor Haslam Proclaims Oct.13-19 Earth Science Week

Fri, 04 Oct 2013 09:00:07 -0400

Tennessee Gov. Bill Haslam has proclaimed Oct. 13 through October 19 Earth Science Week. In order to encourage studies of earth sciences, the Tennessee Department of Environment and Conservation's Tennessee Geological Survey, in partnership with the American Geosciences Institute, is distributing special toolkits to science teachers across the state. The kits include map resources and materials from the National Park Service, NASA, Soil Science Society of America, U.S. Fish and Wildlife Service and the Bureau of Land Management. The 2013 Earth Science Week theme is "Mapping ...

EPA and Corps of Engineers Propose to Clarify Clean Water Act Jurisdiction

Wed, 02 Oct 2013 09:00:08 -0400

In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are protected under the Clean Water Act. The proposed rule represents these agencies' latest effort to clarify the scope of federal jurisdiction under the CWA and thereby resolve long standing uncertainty about which water bodies and activities are regulated by the law. The proposal, if adopted, would likely have its most significant impact on small streams and ...

EPA Proposes NSPS for Power Plants

Fri, 27 Sep 2013 09:00:09 -0400

On September 20, EPA issued a proposed rule to restrict carbon emissions from new coal and gas-fired power plants. The restrictions are anticipated to require carbon capture and sequestration for any new coal-fired plants. EPA also has announced plans to issue a rule regulating carbon emissions from existing coal-fired plants in 2014. EPA is proposing two standards for natural gas-fired plants: 1,000 lb CO2/MWh for larger units (>850 mmBtu/hr) and 1,100 lb CO2/MWh for smaller units ( ‰¤850 mmBtu/hr). EPA is proposing two alternative limits for fossil fuel-fired plants: 1,100 ...

EPA Mandates Electronic Filing for Toxic Release Inventory Reports

Wed, 25 Sep 2013 09:00:10 -0400

On August, 27, EPA published a final rule requiring electronic filing for facilities reporting chemical releases through the Toxics Release Inventory, beginning January 21, 2014. The rule is designed to ease the regulatory burden for making TRI filings and to save EPA costs associated with filing. Twenty-six industry sectors are required to utilize the TRI system, including businesses in manufacturing, mining, utilities and hazardous waste treatment and processing. As in the past, trade secret information may be filed using alternate means and will be kept confidential by EPA ...