Environmental Law Matters Blog | Burr & Forman LLP

DOJ Clarifies Federal Role in Clean Water Act Enforcement

Schuyler K. Espy — Mon, 03 Aug 2020 09:00:01 -0400

In late July, the Environment and Natural Resources Division (“ENRD”) of the Department of Justice released a memo setting forth the Division’s policy for handling enforcement of civil Clean Water Act matters when a State has previously instituted a civil penalty proceeding under an analogous state law arising from the same operative facts. The policy reflects a cooperative federalism theme, which follows the current U.S. EPA’s commitment to work cooperatively with states and to acknowledge, respect, and promote the critical role they play in implementing the Federal ...

U.S. EPA Announces Termination Date For COVID-19 Enforcement Policy

Schuyler K. Espy — Mon, 06 Jul 2020 09:00:02 -0400

Three months after issuing its COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program temporary policy memorandum suspending enforcement of certain environmental requirements, the U.S. Environmental Protection Agency has announced it is supplementing the temporary policy to include a specific termination date.

The supplement, described as an Addendum on Termination, indicates EPA’s temporary enforcement policy will terminate on August 31, 2020. As EPA’s Office of Enforcement and Compliance Assurance explains, EPA will not base an ...

Alabama Land Application Regulatory Deadline Approaching

Schuyler K. Espy — Tue, 16 Jun 2020 09:00:03 -0400

In early 2020, the Alabama Environmental Management Commission promulgated rules establishing procedures by which the Department of Environmental Management will regulate land application of eligible non-hazardous by-product materials within the State. The rules became effective April 13, 2020, and are intended to work in conjunction with the U.S. EPA’s Biosolids Program governing the use or disposal of sewage sludge.

The term “land application” is not defined in the ADEM rules, but, in general, it is the spreading, spraying, injection, or incorporation of ...

Supreme Court Ends Debate Over the Reach of Clean Water Act Permitting

Schuyler K. Espy — Thu, 23 Apr 2020 09:00:04 -0400

Apropos of the ongoing celebrations for the 50th anniversary of Earth Day, the U.S. Supreme Court today released its opinion in the Clean Water Act case of County of Maui v. Hawaii Wildlife Fund, et al. Justice Breyer delivered the majority opinion, joined by Justices Roberts, Ginsburg, Sotomayor, Kagan, and Kavanaugh. Justices Thomas and Gorsuch, as well as Justice Alito, filed dissenting opinions.

The Court’s analysis addresses the question of whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a ...

U.S. EPA Releases COVID-19 Enforcement Guidance

Schuyler K. Espy — Thu, 26 Mar 2020 09:00:05 -0400

In a much-anticipated memo dated March 26, 2020, the U.S. EPA shares “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The memo, from Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine, outlines EPA’s temporary approach to enforcement discretion for covered non-compliance resulting from the COVID-19 pandemic. The policy recognizes that the “consequences of the pandemic may affect facility operations and the availability of key staff and contractors and the ability of laboratories to timely analyze ...