By almost every account, the Trump Administration is likely to alter substantially the environmental regulatory landscape. Actions have already been taken to delay the implementation of regulations as well as initiating policy changes that will likely affect the size of the Environmental Protection Agency and its budget, possibly including the portion used to provide grants to States and localities for environmental enforcement and compliance efforts. There are also already indications of change in general policy, both at the domestic level and internationally. And ...
On December 10, 2014, the EPA administrator published its latest version on a rule revising recycling related provisions under the definition of solid waste rule (DSW rule). See 40 CFR Parts 260 and 261, Docket No. EPA-HQ-RCRA-2010-0742 (Dec. 10, 2014). The revisions were made to help alleviate concerns regarding disproportionate health and environmental risks suffered by low income communities buttressing local recycling facilities. These new revisions are predicted to make it increasingly difficult for facilities who purport to be recycling to illegally dispose of ...
December 18, 2014, marked the release of the U.S. Environmental Protection Agency's (EPA) annual environmental enforcement and compliance results. See News Release, U.S. Environmental Protection Agency, EPA Announces 2014 Annual Environmental Enforcement Results (Dec. 18, 2014). According to the EPA, its enforcement actions in 2014 required businesses across the country to invest more than $9.7 billion in regulatory compliance and equipment. Additionally, EPA collected a total of $163 million in combined federal administrative, civil judicial penalties, and criminal ...
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 ...
A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by power plants. This continues a protracted rulemaking process, which has prompted an extraordinary number of public comments, approval of legislation by the House of Representatives to limit EPA's options, and litigation to force a final decision. The rulemaking history to date has been a mix of complexity, indecision, and contentiousness. It has its origin ...
It's almost never easy to fathom federal environmental regulations and this held true when a set of regulations was recently issued by the U.S. EPA. On December 20, 2012, the Agency issued a series of rules, primarily under the Clean Air Act, to address emissions from sources generally classified as boilers or incinerators. Part of the regulatory package also included revisions to standards and procedures enacted under authority of the Resource Conservation and Recovery Act ("RCRA") that will determine whether non-hazardous secondary materials constitute waste when burned in ...
The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately a year ago, ADEM's Groundwater Program initiated a process attempting to require the execution of formal Remediation Agreements as a part of assessment requirements for releases which threatened or impacted the groundwater. This was prompted by recent reductions in appropriations by the State's Legislature to the Department. While much of ADEM's funding comes ...
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 ...
The final Federal Trade Commission (FTC) Green Guides were officially published in the October 11, 2012 Federal Register. View the newly revised Green Guides here: Federal Register - FTC Revised Green Guides 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.