Ronald Farley

Ronald Farley

Burr & Forman

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Air Emissions Regulated Under RCRA?

Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal...more

6/9/2016 - Air Pollution Clean Air Act Energy Sector EPA Hazardous Waste National Emissions Standards Oil & Gas RCRA Refineries

Drinking Water Contamination in Flint and Other Communities Reveals Much More Extensive Problems

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

3/7/2016 - CDC Contamination Drinking Water EPA Hazardous Substances Lead Safe Drinking Water Act Water

Avoiding A Water Crisis Similar to That of Flint Will Require Both Technical and Practical Effort

The problems with the quality of drinking water in Flint, Michigan, are not necessarily an isolated collection of failures. From a technical standpoint, the potential for lead leaching into drinking water systems in many...more

2/3/2016 - Drinking Water EPA Lead Water

Some Things Upcoming in 2016

As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final determinations about matters that have been long simmering. Much of the substantive work of...more

1/5/2016 - Boilers Clean Power Plan EPA Hazardous Waste MATS NESHAP Waters of the United States

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

9/3/2015 - Appeals Carbon Emissions Clean Power Plan Climate Change Coal Industry Energy Sector EPA Federal Register Fracking Greenhouse Gas Emissions Kyoto Protocol MATS Mercury Natural Gas Obama Administration Oil & Gas Toxic Exposure Utility Sector

Obama Announces Clean Power Plan, Fights to Follow

On August 3, 2015, President Obama announced the finalization of the long-awaited Clean Power Plan, a policy primarily intended to further the commitment to combatting global warming. The Plan focuses on the electric power...more

8/7/2015 - Carbon Emissions Clean Power Plan Climate Change Coal Industry Environmental Policies EPA Federal Register Global Warming Greenhouse Gas Emissions Mercury Natural Gas Obama Administration Oil & Gas Renewable Energy

Supreme Court Halts Implementation of EPA Rule on Mercury Emissions from Electric Power Plants: The Practical Effects Are...

On Monday, the U.S. Supreme Court halted further implementation of a U.S. EPA’s regulation limiting mercury and other hazardous air toxic emissions from coal- and oil-fired electric power plants. In a 5-4 decision, the...more

7/2/2015 - Chevron Deference Chevron v NRDC Cost-Benefit Analysis Energy Sector EPA MATS Michigan v. EPA Power Plants SCOTUS

EPA Issues Clean Water Rule Defining Waters Of The United States

On Tuesday, May 26, 2015, EPA issued a long-awaited rule defining “Waters of the United States.” The final rule is available as a prepublication version. Elsewhere, on EPA’s Clean Water Rule webpage, there are a number of...more

6/2/2015 - Clean Water Rule EPA Final Rules NAM National Association of Manufacturers US Army Corps of Engineers Waters of the United States

New Coal Ash Regulations Causing Additional Controversy

Last December, EPA announced its final rule regarding the management of coal combustion residuals (“CCR” a/k/a “coal ash”). This came several years after initial alternative proposals were offered for public comment, and the...more

4/2/2015 - Coal Ash Coal Industry EPA Final Rules Legislative Agendas Rulemaking Process

EPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition

EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of the...more

3/3/2015 - Carbon Emissions Climate Change Energy Sector EPA Power Plants Regulatory Agenda

Fracking: To Ban Or Not To Ban?

The process of hydraulic fracturing (also known simply as “fracking”) continues to divide the public and public policymakers, even as resulting lower natural gas prices have encouraged industries, including many power plants,...more

2/3/2015 - Carbon Emissions Coal Industry Coal-Fired Plants Energy Policy EPA Fracking Fracking Bans Legislative Agendas Natural Gas Oil & Gas

Coal Ash Regulation Update

The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a...more

12/3/2014 - Coal Coal Ash Coal Industry EPA Hazardous Substances Regulatory Agenda Waste

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

11/4/2014 - Chemicals Contamination Delays Drinking Water Environmental Policies EPA Fracking Hazardous Substances Investigations Water Water Supplies

Carbon and Climate Continue to Create Controversy

Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more

10/1/2014 - Carbon Emissions Clean Power Plan Climate Action Plan Climate Change Coal-Fired Generation Energy Policy Environmental Policies EPA Greenhouse Gas Emissions

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

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