Ronald Farley

Ronald Farley

Burr & Forman

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Current Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay

An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold...more

8/5/2014 - Biofuel EPA Ethanol Oil & Gas Renewable Fuel Renewable Fuel Standard Rulemaking Process Trade Associations

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

7/3/2014 - BACT Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector Utility Air Regulatory Group v EPA

Recent Projects Indicate Oppertunities for Redevelopment of Brownfields

Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. ...more

6/4/2014 - Brownfield Properties Building Permits EPA General Motors Land Developers Permits RCRA Redevelopment Regulatory Standards Remediation

EPA Revises Construction And Development Stormwater

In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category. The March revision withdrew the numeric turbidity...more

5/15/2014 - Construction Site EPA Final Rules Industrial Stormwater Rule Judicial Settlement Agreements New Amendments

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

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

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

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

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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