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EPA Administrator Scott Pruitt Blocks Unfair “Sue and Settle” Tactics

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By: John E. Milner, Brunini, Grantham, Grower & Hewes PLLC

On October 16, EPA Administrator Scott Pruitt signed a directive stating that he is ending “sue and settle” agreements through which Pruitt asserts that environmental organizations have forced EPA  into legal agreements that impose binding deadlines for issuing discretionary regulations.  The directive, together with an explanatory memorandum, prohibits EPA from entering into consent decrees with terms that courts would have lacked the power to impose if the parties involved had not resolved litigation through a legal agreement.  Pruitt’s directive states: “EPA shall also not enter in a consent decree or settlement agreement that converts an otherwise discretionary duty of the Agency into a mandatory duty to issue, revise, or amend regulations.”
The directive also makes it more difficult for environmental organizations to recover attorney’s fees: “If EPA agrees to resolve litigation through a consent decree or settlement agreement, and therefore there is no ‘prevailing party,’ then the Agency shall seek to exclude the payment of attorney’s fees and costs to any plaintiff or petitioner in the litigation.”  EPA shall not seek to resolve the question of attorney’s fees and costs “informally,” the directive states. (Read more…)

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Mississippi Environmental Quality Permit Board Summary of Meeting Held December 12, 2017

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 12, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the November meeting and the non-controversial actions/ certifications completed by the staff since the November meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Mining/Solid Waste/Water II Branch

The Board approved Reissuance of Pretreatment Permit (MSP092273) for TransAmerican Waste Central Landfill, Inc., Central Landfill Facility in Pearl River County.  No changes are being made to the existing permit.  No attendees were present in the public hearing; no letters were submitted in opposition before the end of the comment period, and no one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

Surface Mining Bond Releases

 

Permittee County Permit Staff Recommendation
Ellis Construction Company, Inc. Lowndes P91-007 Final 10%
Ellis Construction Company, Inc. Lowndes P06-016 Final 10%
Eutaw Construction Company, Inc. Monroe P13-012 Final 40%
Ellis Construction Company, Inc. Lowndes P01-025 Final 10%
Ellis Construction Company, Inc. Lowndes P93-117 Final 10%
Tanner Construction Company, Inc. Perry P08-019A Initial 25%
Tanner Construction Company, Inc. DeSoto P13-021T Initial 10%
Tanner Construction Company, Inc. DeSoto P17-009 No Release
Walters Development, LLC Jones P07-030 No Release
Krystal Gravel, Inc. Copiah P92-107 No Release
Krystal Gravel, Inc. Copiah P94-103 Initial 90%
Krystal Gravel, Inc. Copiah P16-015 Additional 10%
Krystal Gravel, Inc. Copiah P16-032 Initial 10%
T. L. Wallace Construction, Inc. Jones P92-083 Final 50%
T. L. Wallace Construction, Inc. Attala P11-030 Initial 90%
T. L. Wallace Construction, Inc. Lincoln P12-010 Initial 10%
T. L. Wallace Construction, Inc. George P11-019 Initial 90%
Walters Development, LLC Jones P09-015 Additional 10%
Krystal Gravel, Inc. Copiah P10-027 Initial 10%
Krystal Gravel, Inc. Copiah P79-002T2 Initial 90%

Surface Mining Transfer of Permits

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

 

Permittee County Permit
Walters Development, LLC is transferring to Vossburg South LLC Clarke P08-028T
Krystal Gravel, Inc., is transferring to 42, LLC Copiah P07-007

Surface Mining Change of Ownership Name

In accordance with MDEQ staff recommendations, the Board approved the following change of ownership name:

 

Permittee County Permit
Preston Dobbs Truck Service is transferring to Preston Dobbs Trucking and Gravel Sales LLC Monroe P02-049A
P10-010
P15-016A
P16-011

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, stated that there will be educational presentations to provide background information regarding permitting for poultry farms and salt water disposal.  No date was provided at this time.

The next Permit Board meeting will be held on January 9, 2018, at 9 a.m.

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BRUNINI WELCOMES WILLIAM B. GRETE

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JACKSON, Miss.– Brunini, Grantham, Grower & Hewes, PLLC is pleased to announce that William B. Grete has joined the firm as a Partner in its Jackson office.  As the former Vice President and General Counsel of Mississippi Baptist Health Systems Inc., Mr. Grete brings over 20 years of healthcare experience to the firm as an accomplished legal healthcare executive and trusted advisor.  “We are confident that Bill will provide an exceptional level of knowledge and experience to our healthcare practice.  His practice will benefit our clients tremendously,” said Sam Kelly, Chairman of the Firm’s Board of Directors.

Mr. Grete will lead the Firm’s healthcare practice group.  “It is a tremendous opportunity for me to work with the talented team of attorneys at Brunini, and I am looking forward to serving the Firm’s healthcare clients with them.”

William B. Grete graduated from Georgetown University Law Center with an LLM in Taxation and earned his JD from Cumberland School of Law. He has practiced law in Jackson for over twenty-seven (27) years.

Mississippi Commission on Environmental Quality Summary of Meeting Held November 17, 2017

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The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on November 17, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on August 24, 2017.  Following a prepared agenda, items considered were as follows:

Commission Approval of Hazardous Waste Regulation Revisions

The staff recommended and the Commission approved the Hazardous Waste Regulation Revisions. Staff reported that on November 7, 2017, a public hearing was held concerning the revisions to the Mississippi Hazardous Waste Management Regulations. The revisions were proposed to clarify the delegation authority of the Mississippi Department of Environmental Quality (MDEQ) in previously adopted hazardous waste regulations and to correct typographical errors. These revisions are necessary for the re-authorization of MDEQ’s Hazardous Waste Management Program by the U.S. EPA. The proposed revisions do not represent new rule making by MDEQ or adoption of any new rule promulgated by EPA. There were no attendees to the public hearing and the staff has received no comments. Therefore, the staff recommended that the Commission adopt these hazardous waste regulation revisions. Adoption of these regulations maintains consistency between the Mississippi Hazardous Waste Regulations and the EPA Hazardous Waste Regulations as required by 40 CFR 271.4.

Environmental Covenant for Key Energy Services, LLC

NOTE – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenants between the Commission and Key Energy Services, LLC regarding the remediation of property located at 1304 West Main Street in Sandersville, MS. Key Energy Services, LLC operated the site as the Moncla Well Services, an oilfield support operation. Environmental Site Assessments have revealed a release of petroleum impacting soils and groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Revised Environmental Covenant for Letourneau Main Plant

NOTE – This agenda item was for reporting purposes only.  Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1), the Executive Director of MDEQ approved the Environmental Covenants between the Commission and Cameron International Inc. regarding the property located at 500 LeTourneau Road in Vicksburg, MS. The site is referred to as the LeTourneau Main Plant Site (Site). Environmental Site Assessments have revealed the Site impacted with chlorinated solvents in the groundwater in excess of TRGs. The original Environmental Covenant issued through Order No. 6045 11 included 0.1 acres of property. Cameron International Inc. requested the Environmental Covenant to be increased to 3.68 acres of property. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Environmental Covenant for FPR, LLC

NOTE – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenants between the Commission and FPR, LLC regarding the remediation of property located on Soldier Colony Road in Canton, MS. The previous property owner, Dwight Kerry Rudder, operated the site as Rudder Flying Service. Environmental Site Assessments have revealed a release of toxaphene impacting soils and groundwater at concentrations in excess of the TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Environmental Covenant for POM Enterprises

NOTE – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenants between the Commission and POM Enterprises regarding the remediation of property located on 400 West Main Street in Ackerman, MS. POM Enterprises operated the site as Trinity Industries. Environmental Site Assessments have revealed petroleum hydrocarbons and chlorinated impacting soils and groundwater at concentrations in excess of the TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Transfer of Environmental Covenant for DG Investments

NOTE – This agenda item was for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1), the Executive Director of MDEQ approved the Environmental Covenant transfer upon the sale of land among the Commission, HSC Gulfport, LLC (current owner), and DG Investments (prospective owner) regarding the remediation of property located at 3283 Pass Road in Gulfport, MS. HSC Gulfport, LLC operated the site as the Holcomb Paint Factory. Environmental Site Assessments have revealed contamination with C9-C10 Aromatics, C9-C18 Aliphatics, and C11-C22 Aromatics in excess of the Tier 2 TRGs. Therefore, remediation of the site is necessary. The staff of the MCEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained therein; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Notice of Proposed Amendments to Administrative Procedures Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety

Staff recommended, and the Commission approved, the proposed amendments to Administrative Procedure Act Rules – 11 Miss. Admin. Code Pt. 7, Ch. 3 for Dam Safety.  Staff reported that the Dam Safety Division in the Office of Land and Water Resources is working on amending the Dam Safety Regulations to include provisions for the use of an incremental consequence analysis based spillway design approach. This approach which is currently being used in several other states will allow greater flexibility in the regulations by taking into consideration any flooding which is occurring at the structures at risk downstream prior to a failure of the dam, according to Staff. If there are no incremental consequences resulting from the failure, this approach would allow for a reduction of the required design rainfall event. As part of this update process other revisions and additions regarding minimum design and permitting requirements are also being included to ensure the regulations match current dam safety policies and procedures. The proposed amendments will be available for public comment in early November, and a public hearing is scheduled for December 5, 2017. After the conclusion of the public hearing, staff will take into consideration any comments received and then present the proposed amendments to the Commission at a future meeting with a recommendation for adoption.

 Delta Sustainable Water Resources Task Force Update

Staff updated the Commission on the status of the Delta Sustainable Water Task Force. The Mississippi River Valley Alluvial Aquifer (MRVA) supplies most of the water used for agricultural irrigation and aquaculture in the Mississippi Delta. Over the last 30 years, water levels have declined in the MRVA throughout the Delta. In response to these declines, MDEQ established the Delta Sustainable Water Resources Task Force (DSWRTF) as a forum for developing and implementing strategies to stabilize water level declines in the MRVA. The MDEQ Office of Land and Water Resources leads the DSWRTF and will provide an update on permitting, water use reporting, modeling, and monitoring activities ongoing to develop and evaluate strategies for ensuring the Delta has sustainable water resources for the future.

CERTIFICATIONS APPROVED

Asbestos:                      278 certifications

Lead Paint:                   172 certifications

Underground Storage Tanks:              22 certifications

Wastewater Operator:                      60 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 44 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Thirty three (33) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS – Gary Rikard, MDEQ Executive Director discussed EPA Chief, Scott Pruit’s recent visit to Mississippi as well as the Restoration Summit held on November 14th, in Biloxi.

The next Commission meeting is proposed to be on January 25, 2018, at 9 a.m.; however, this has not been finalized at this time.

 

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Mississippi Environmental Quality Permit Board Summary of Meeting Held November 14, 2017

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on November 14, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the October meeting and the non-controversial actions/ certifications completed by the staff since the October meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Agricultural Branch

The Board approved Issuance of Coverage under the AFO General Permit (MSG201961) and Issuance of Storm Water Coverage (MSR107546) for Matt Palmer Poultry in Jones County.  The application proposes 6 poultry houses and construction activity on 12 acres of disturbed land.  Staff stated that upon notification by the Applicant, 17 neighboring property owners submitted letters of objection and a local church submitted a signed petition citing issues including odor and health concerns.  A representative from the church and a neighbor appeared at the meeting and spoke in opposition.  Mr. Palmer appeared and addressed questions posed by the people in opposition and also by Permit Board members.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

Waste Division/ Solid Waste Permitting and Certification Branch

The Board approved Reissuance of NPDES Storm Water Permit (MSS058548) and Reissuance and modification of Solid Waste Municipal Landfill Permit (SW04501B0378) for the City of Canton Sanitary Landfill in Madison County.  No attendees were present in the public hearing and one letter was submitted before the end of the comment period asking for clarification.  No one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

Surface Mining Bond Releases

 

Permittee County Permit Staff Recommendation
Eutaw Construction Company, Inc. Lee P09-004 Final 10%
Eutaw Construction Company, Inc. Madison P10-009T Final 80%
Eutaw Construction Company, Inc. Monroe P12-026 Final 40%
Eutaw Construction Company, Inc. Monroe P13-011 Final 40%
Eutaw Construction Company, Inc. Monroe P13-018 Final 50%
Eutaw Construction Company, Inc. DeSoto P13-020 Final 10%
Eutaw Construction Company, Inc. Clay P13-022 Final 20%
Eutaw Construction Company, Inc. Oktibbeha P16-004 Initial 50%
Eutaw Construction Company, Inc. Panola P16-016 Initial 70%
Hammett Gravel Company, Inc. Yazoo P01-027 Additional 20%
Neely Trucking and Excavating Rankin P05-019AT Final 90%
W. S. Jordan & Sons Sand & Gravel, Inc. DeSoto P92-001 Initial 40%
W. S. Jordan & Sons Sand & Gravel, Inc. DeSoto P96-026 Initial 80%

Surface Mining Transfer of Permits

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

 

Permittee County Permit
Ellis Construction Company, Inc. transfer to S and E Land Services, LLC Lowndes P08-042
Joe McGee Construction, Inc., transfer to B Franks Farms, LLC Itawamba P17-014

 

OTHER BUSINESS:

There was no other business.

The next Permit Board meeting will be held on December 12, 2017, at 9 a.m.

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Brunini Welcomes Rodgrick G. Hickman

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Rodgrick G. Hickman has joined Brunini, Grantham, Grower & Hewes, PLLC as an associate in  one of the firm’s litigation departments.  He received his Bachelor of Arts from the University of Mississippi. Rod received his J.D. from the University of Mississippi School of Law, graduating magna cum laude.

While earning his J.D., Rod served as an Associate Articles Editor for the Mississippi Law Journal, a member of the Moot Court Board and he also served two terms on the executive board of the National Black Law Students Association. Rod was honored as the 2017 Outstanding Student at the University of Mississippi School of Law.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held September 12, 2017

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 12, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the July meeting and the non-controversial actions/ certifications completed by the staff since the June meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

 Construction/Water II Branch

Design  Precast and  Pipe, Inc.:

Staff recommended and Board approved the Issuance of Coverage under the Ready Mix Concrete General Permit (MSG110319) in Harrison County.

Energy/Water II Branch

Mississippi  Lignite Mining Company; (Visitors):

Staff recommended and Board approved the Request for NPDES Compliance ScheduleVariance for Selenium (MS0054046) in Choctaw County.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

 

Permittee County Permit Staff Recommendation
Joe McGee Construction Co., Inc. Madison Pll-024 Initial 90%
Standard Gravel Company, Inc. Forrest P03-008 Final 90%
TCB Construction Company, Inc. Hancock P93-022 Initial 30%
Edge Construction LLC Lafayette P13-013 Initial 90%

 

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

 

Permittee County Permit
BASF Corporation transferring POS-004, P86-015,  P88-013,  P92-071, and P99-042AAA to EP Engineer Clays Corporation Monroe P05-004T P86-015T P88-013T P92-071T P99-042AAT

 

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, noted that the Commission members will have their pictures taken at the November 14, 2017 meeting and confirmed that everyone will be in attendance.

The next Permit Board meeting will be held on October 10, 2017, at 9 a.m.

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MILNER ELECTED CHAIR OF THE ABA SECTION OF ENVIRONMENT, ENERGY AND RESOURCES

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John E. Milner, partner in Brunini, Grantham, Grower & Hewes PLLC, was recently elected to lead 10,000 attorneys nationwide practicing environmental, natural resources and energy law. Milner was named Chair of the American Bar Association (ABA) Section of Environment, Energy and Resources, the premier forum for lawyers practicing environmental, natural resources and energy law. The ceremony took place on August 13, 2017, at the ABA Annual Meeting in New York City.

The Section provides educational programs, publications, and other services, and keeps members aware of developing trends, current court decisions, legislative initiatives, and regulatory programs. Milner previously served as Chair-Elect and Vice Chair of the Section, in addition to other leadership positions.

In his role as Chair, Milner will oversee all of the Section’s activities.  One of his key priorities will be increasing coordination of the Section’s activities with those of other organizations within and outside of the ABA.

“Serving as Chair of the Section is truly an honor for me, and I am proud to lead the nation’s premier forum for environmental, energy, and resources lawyers,” Milner said. “I am also truly grateful for the support of my colleagues in the Section and in my law firm as I assume this new role.”

On a national level, Milner has practiced environmental law for more than 35 years. His practice includes many facets of environmental law and litigation, including federal and state cases involving the Clean Water Act, Clean Air Act, Hazardous Waste laws, Superfund, brownfields redevelopment, and energy development. His clients include industrial corporations, commercial entities, and municipalities. He has been recognized as a leader in environmental law by a number of lawyer rating organizations, including Chambers USA and Best Lawyers in America.  He is a Fellow in the American College of Environmental Lawyers.

In his home state, Milner serves as Environmental Counsel for the Mississippi Manufacturers Association, Counsel to the Mississippi Poultry Association and Counsel to the Mississippi Petroleum Marketers and Convenience Stores Association.

A past member of his firm’s Board of Directors, Milner earned his Bachelor of Arts degree from the University of Mississippi in 1975. He earned his law degree from the University of Mississippi School of Law in 1978.

 

Pictured: (From L to R) John Milner with Immediate Past Chair, Seth Davis.

Brunini Attorneys Recognized by Best Lawyers

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32 of Brunini’s attorneys have been recognized in the 2018 Edition of  Best Lawyers in America with six of those being recognized as Lawyer of the Year.

Biloxi, Mississippi

Columbus, Mississippi

  • J. Gordon Flowers – Commercial Litigation, Environmental Law, Mass Tort Litigation / Class Action Defendants,  Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants

Jackson, Mississippi

  • Matthew W. Allen – Mass Tort Litigation / Class Action s – Defendants
  • Sheldon G. Alston – Litigation – Land Use and Zoning, Litigation – Real Estate, Personal Injury Litigation – Defendants
  • P. David Andress – Real Estate Law
  • Benje Bailey – Commercial Litigation, Mass Tort Litigation / Class Actions – Defendants, Trademark Law
  • Stephen J. Carmody – Employment Law – Management, Labor Law – Management, Litigation – Intellectual Property, Litigation – Labor and Employment, Mass Tort Litigation / Class Actions – Defendants, Professional Malpractice Law – Defendants
  • R. Richard Cirilli – Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants
  • John M. Flynt – Administrative / Regulatory Law, Corporate Law, Mergers and Acquisitions Law, Real Estate Law
  • Louis G. Fuller – Litigation and Controversy – Tax, Tax Law
  • Lynne K. Green – Closely Held Companies and Family Business Law, Elder Law, Tax Law, Trusts and Estates
  • James L. Halford – Communications Law, Energy Law
  • Ken Harmon – Oil and Gas Law
  • Karen E. Howell – Commercial Litigation
  • William Trey Jones – Commercial Litigation, Litigation – Environmental
  • R. David Kaufman – Bet-the-Company Litigation, Commercial Litigation, Litigation – Securities, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • Samuel C. Kelly – Commercial Litigation, Construction Law, Litigation – Construction
  • James A. McCullough, II – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Litigation – Bankruptcy, Mortgage Banking Foreclosure Law
  • M. Patrick McDowell – Commercial Litigation, Litigation – Securities, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • John E. Milner – Environmental Law, Litigation – Environmental
  • William C. Penick, IV – Corporate Law
  • Warren Ken Rogers – Commercial Transactions / UCC Law, Corporate Law, Mergers and Acquisitions Law
  • Joseph A. Sclafani – Appellate Practice
  • Watts C. Ueltschey – Administrative / Regulatory Law, Energy Law, Energy Regulatory Law, Mining Law, Natural Resources Law, Oil and Gas Law, Real Estate Law
  • Leonard D. Van Slyke, Jr. – Litigation – First Amendment, Litigation – Trusts and Estates, Litigation and Controversy – Tax, Media Law, Tax Law, Trusts and Estates
  • Joseph E. Varner, III – Tax Law, Trusts and Estates
  • John E. Wade – Commercial Litigation, Personal Injury Litigation – Defendants
  • Thomas E. Walker, Jr. – Banking and Finance Law, Financial Services Regulation Law, Mergers and Acquisitions
  • Gene Wasson – Real Estate Law
  • Walter S. Weems – Corporate Law, Mergers and Acquisitions Law, Tax Law
  • Ron A. Yarbrough – Construction Law, Litigation – Construction

The Brunini Attorneys named “Lawyer of the Year” are as follows:

Jackson, Mississippi

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Mississippi Environmental Quality Permit Board Summary of Meeting Held August 8, 2017

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 8, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the July meeting and the non-controversial actions/ certifications completed by the staff since the June meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No items.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

 

Permittee County Permit Staff Recommendation
Buchanan  Timber  Holdings, LLC Pontotoc P07-009 Initial 10%
Neely Trucking & Excavating Rankin P05-019AT No Additional Release
Joe McGee Construction Co., Inc. Winston P13-015 Final 30%
Joe McGee Construction Co., Inc. Newton Pl0-031 Final 40%
Joe McGee Construction Co., Inc. Madison P06-024 Final 10%
Oddee Smith Construction, Inc. Lincoln P99-018 Final 50%
Oddee Smith Construction, Inc. Lincoln P02-047 Final 65%
Oddee Smith & Sons, Inc. Lincoln P98-007 Final 70%
Oddee Smith & Sons, Inc. Lincoln P05-014 Final 50%

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to cancel:

 

Permittee County Permit
William Adair Marshall P09-029
Baker Ready Mix-Construction- Landscaping Winston P07-029
Ellis Construction Company, Inc. Lowndes P02-055A
The City of Brandon, Crossgates Project Rankin P16-024

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits name change:

 

Permittee County Permit
Boral Bricks Inc. name changed to Meridian Brick, LLC Kemper P85-014, P85-020, P86-012, P92-099, P04- 046

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

 

Permittee County Permit
Wagoner Gravel, LLC., transfers to Camo Construction Company, Inc. permit number will be P04-039T Adams P04-039
Edgin Construction Company Transfers to Self-Storage 61, LLC permit number will be P16-013T Adams PI6-013
Marion Clay and Gravel, LLC, transfer to Heritage Sand and Gravel LLC permit number will be Pll-031T Marion Pll-031

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to rescind:

 

Permittee County Permit
Old Hickory Clay Company Tippah P09-022
Hedges Plantation Land, LLC Adams P17-006

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, welcomed David Dockery to the Permit Board.  Mr. Dockery was recently selected as head of the Office of Geology and the State Geologist, replacing Michael Bograd who recently retired.

The next Permit Board meeting will be held on September 12, 2017, at 9 a.m.

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