Ronald Farley

Ronald Farley

Burr & Forman

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Latest Report Of Intergovernmental Panel On Climate Change Stresses Need For Adaptation

This past Monday (March 31), Working Group II of the Intergovermental Panel on Climate Change (IPCC) presented its report: Climate Change 2014: Impacts, Adaptation, and Vulnerability. Copies of the two-volume report can be...more

4/7/2014 - Climate Change United Nations

Coal Ash Update

We have periodically updated the status of EPA’s long-running effort to decide whether and how to regulate coal ash generated primarily from electric power generation. Recent events have put EPA on a course to make a final...more

3/5/2014 - Coal Coal Ash Energy Environmental Policies EPA RCRA

EPA Finalizes Regulatory Agenda, But House Moving To Curb The Agency

On January 7, federal agencies, including EPA, published in the Federal Register the Agency’s proposed regulatory agendas for 2014. EPA’s agenda was generally consistent with the unified agenda published prior to...more

2/6/2014 - Environmental Policies EPA Waste Disposal

EPA Issues Carbon Capture And Injection Regulations

In mid-December, the U.S. Environmental Protection Agency issued final rules that the Agency said are intended to facilitate the management of carbon dioxide gas that is required to be captured from electric power plants. The...more

1/3/2014 - Carbon Capture and Sequestration Carbon Emissions EPA Greenhouse Gas Emissions

Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know -...more

12/27/2013 - Contractors EPA Greenhouse Gas Emissions Liens OSHA Sales & Use Tax Subcontractors Tax Exemptions

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...more

12/3/2013 - Air Pollution Carbon Emissions Clean Air Act Climate Change Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Power Plants

Questionning Environmental Law And Regulatory Policy

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...more

11/6/2013 - Air Pollution Environmental Policies EPA SCOTUS

EPA And Corps Of Engineers Propose To Clarify Clean Water Act Jurisdiction

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...more

10/2/2013 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Water Wetlands

ASTM Changes To The E1527

As Scott Hitch noted in a previous post, a change to the federal rule regarding All Appropriate Inquiries (“AAI”) is currently on notice for public review and comment. The comment period ends on September 16. The proposed...more

9/9/2013 - ASTM Environmental Assessments Environmental Policies ESA Listings Proposed Legislation Public Comment

U.S. House Approves Coal Ash Bill

Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. ...more

7/31/2013 - Coal Coal Ash Coal Industry Coal Residuals Reuse and Management Act EPA

Confirmation Of EPA Administrator Nominee Continues On Hold

The confirmation of Gina McCarthy to become the next Administrator of the United States Environmental Protection Agency continues to be delayed by Republicans in the U. S. Senate. ...more

6/28/2013 - Confirmation Proceedings EPA Gina McCarthy

House Subcommittee Approves Coal Ash Legislation And Proposals To Modify Superfund

The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash...more

6/14/2013 - CERCLA Coal Coal Ash EPA Hazardous Substances Proposed Legislation Superfund

American Lung Association’s Report “State Of The Air 2013? Shows Overall Improvement, But Still Problems For Some Cities In The...

The American Lung Association recently issued a Report entitled, “State of the Air 2013,” which looks at levels of ground-level ozone and particle pollution across the United States for the period 2009-2011....more

5/24/2013 - Air Pollution Clean Air Act Pollution Control

Growing Controversy Over EPA Proposal Relying On E15 Ethanol/Gasoline Blend

On June 15, 2012, EPA approved the first applications for the use of E15 Ethanol/Gasoline blend. Since that time, a dispute has emerged regarding the potential benefits and problems associated with a transition from the...more

4/22/2013 - E15 Blend EPA Ethanol Greenhouse Gas Emissions

EPA’s Most Recent Rivers And Streams Assessment Concludes Only 21% Of The Nation’s Rivers And Streams Are In “Good” Biological...

The U.S. EPA has issued for public comment a draft of its most recent National Rivers and Streams Assessment (NRSA). The Assessment involved sampling over 1,900 points along wadeable waterways in the contiguous 48 States...more

4/12/2013 - Environmental Assessments EPA NRSA Water

Air Pollution Control Costs Have Economic Benefits

The costs of reducing air emissions, at least particulates, appears to be justified according to research cited during a recent lecture by environmental economist C. Arden Pope, III, a professor at Brigham Young University. ...more

3/22/2013 - Air Pollution Economic Development

President Nominates Gina McCarthy To Run EPA

As anticipated in a previous posting, President Obama has formally nominated Gina McCarthy to be the next Administrator of the U.S. Environmental Protection Agency. McCarthy brings to the position notable experience at both...more

3/15/2013 - EPA Gina McCarthy Nominations

EPA Confirms Uncertainty Over Timing Of Final Coal Ash Rule

Previously, we referenced an article in Bloomberg BNA reporting on an interview with an EPA representative who indicated that the Agency could not provide a definitive timeline for promulgating final regulations on the...more

3/8/2013 - Coal Ash EPA

EPA Agrees To Remove Controversial Turbidity Limit From Construction Stormwater Rule

The U.S. Environmental Protection Agency recently announced that it has reached an agreement with the Wisconsin Builders Association, the National Association of Home Builders and others to settle litigation challenging...more

3/1/2013 - EPA Storm Water

EPA’s Air Chief Seen As Favorite To Become The Next Administrator

A recent article carried by Reuters News Service reports that President Obama favors Gina McCarthy to replace Lisa Jackson as Administrator of the U. S. Environmental Protection Agency. In December, Jackson indicated a...more

2/28/2013 - Administrative Appointments Barack Obama Climate Change EPA

EPA Uncertain When Coal Ash Rule Will Be Finalized

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...more

2/8/2013 - Coal Coal Ash EPA Power Plants RCRA Waste

Boiler Or Incinerator And Secondary Materials That Are Solid (Not Hazardous) Wastes

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...more

2/1/2013 - Boilers Clean Air Act Compliance EPA Incinerators Non-Hazardous Secondary Materials RCRA Waste

U.S. Supreme Court Overturns Effort To Hold Stormwater Permit Holder Liable For Condition Of Waters Passing Through

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their...more

1/25/2013 - Clean Water Act Discharge of Pollutants Los Angeles County Flood Control District Permits SCOTUS Storm Water

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

1/11/2013 - Bona Fide Purchaser Brownfield Properties CERCLA Commercial Leases Contaminated Properties Environmental Liability EPA Landlords Notice Requirements Remediation Superfund Tenants

ADEM Backtracks On Its Effort To Require Remediation Agreements

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 one...more

1/7/2013 - Environmental Assessments Environmental Policies EPA Groundwater Remediation

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