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Brunini Law

HALFORD SPEAKS AT JUDGES’ CONFERENCE

February 3, 2015 by Brunini Law

Jim Halford was a featured speaker at the Mississippi Trial & Appellate Judges Fall Conference held in Jackson, MS. on October 22-24, 2014.  Halford spoke to the judges on the subject of “Ingress and Egress in Eminent Domain Proceedings: Miss. Const. Section 110”.

Related Attorneys

  • James L. Halford

Brunini’s 2014 Super Lawyers

February 1, 2015 by Brunini Law

Attorneys from Brunini were recently selected as Mid-South Super Lawyers 2014 and eight attorneys were named Mid-South Rising Stars 2014.

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Mid-South Super Lawyers

 Matt Allen-Business Litigation

Lawrence E. Allison, Jr.-Business Litigation

Leonard A. Blackwell, II-Environmental

Stephen J. Carmody- Employment & Labor

Lynne K. Green-Estate Planning and Probate

William Trey Jones, III- Business Litigation

R. David Kaufman– Business Litigation

Samuel C. Kelly- Construction Litigation

M. Patrick McDowell- Business Litigation

John E. Milner– Environmental

Christopher A. Shapley- Business Litigation

Watts C. Ueltschey- Energy & Resources

Leonard D. Van Slyke, Jr.- Tax

John E. Wade- Personal Injury Medical Malpractice: Defense

Eugene R. Wasson- Energy & Resources

Walter S. Weems –Business/Corporate

Ron A. Yarbrough- Construction Litigation

*Attorneys listed in Super Lawyers’ Top 50 in Mississippi.

Mid-South Super Lawyers – Rising Stars

Norman E. Bailey, Jr.- Business Litigation

Christopher R. Fontan- Employment & Labor

Joseph A. Sclafani- Appellate

Lane W. Staines- Health Care

Related Attorneys

  • Matthew W. Allen
  • Benje Bailey
  • Leonard A. Blackwell, II
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Lynne K. Green
  • William Trey Jones III
  • R. David Kaufman
  • Samuel C. Kelly
  • M. Patrick McDowell
  • Taylor B. McNeel
  • John E. Milner
  • Joseph A. Sclafani
  • Scott F. Singley
  • Watts C. Ueltschey
  • Leonard D. Van Slyke, Jr.
  • John E. Wade
  • Gene Wasson
  • Walter S. Weems
  • Ron A. Yarbrough

Jesse S. New Joins the Brunini Firm

January 28, 2015 by Brunini Law

Jess New has joined Brunini, Grantham, Grower & Hewes, PLLC as an associate in the firm’s regulatory department.

Jess is a graduate of the Mississippi College School of Law and brings over 8 years of law experience to the firm.  He has concentrated his practice on work with the Oil and Gas Industry as well as other Corporate and Commercial Matters including Real Estate.  Jess was named one of Mississippi’s Fifty Leading Attorneys by the Mississippi Business Journal in 2011 and is a 2013 graduate of Leadership Madison County.

Related Attorneys

  • Jesse S. New, Jr.

Mississippi Environmental Quality Permit Board Summary of Meeting Held January 13, 2015

January 14, 2015 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on January 13, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the December meeting and all non-controversial actions/certifications by the staff since the December meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee

County

Permit

Staff Recommendation

Ausbern Construction Co., Inc.

Winston

P11-011

Final 10% release

Baldwin Sand & Gravel

Lowndes

P02-029A

Additional 40% release

Joe McGee Construction, Inc.

Lincoln

P06-010T1A

Initial 55% release

Oddee Smith Construction, Inc.

Lincoln

P11-002

Final 20% release

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permits.  Neighboring property owners submitted letters of concern regarding both permits, but subsequently withdrew their concerns after discussions with MDEQ staff.

Surface Mining Permit Approvals:

Permittee

County

Permit

Staff Recommendation

Hutchinson Island Mining Corporation

Pearl River

P99-033AA

Approve

Hammett Gravel Inc., Kuhn Mine # One

Holmes

P10-002AA

Approve

OTHER BUSINESS:

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to file their annual statement of intent.

Mr. Furrh also stated that the revised Permit Board Rules and Regulations of Practice for Evidentiary Hearings will be available for public review and comment shortly and are expected to go before the Board for approval on March 10, 2015.

The next Permit Board meeting will be held on Feb. 10, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Related Attorneys

  • John E. Milner
  • Gene Wasson

U.S. EEOC To Take Aim At Corporate Wellness Programs

December 19, 2014 by Brunini Law

U.S. Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang announced the agency’s intention in 2015 to propose new regulations addressing the interplay between corporate wellness programs and federal anti-discrimination statutes.  The EEOC raised eyebrows recently by launching its first-ever series of lawsuits under the Americans with Disabilities Act (ADA) directly challenging wellness programs.  Many critics complained the agency engaged in litigation against employers without giving them needed clarity on how not to run afoul of the ADA, as well as the Genetic Information Nondiscrimination Act (GINA).  The interplay between corporate wellness programs and the Affordable Care Act only heightens the need for additional clarity from the EEOC.  “That is an area that we think is very important for us, as a commission, to provide guidance on — how the Affordable Care Act interacts with the ADA and other laws such as GINA,” said Yang.

The EEOC’s fall 2014 regulatory agenda lists two rules—to amend regulations under the ADA and GINA respectively—for which notices of proposed rulemaking are slated for February.  The ADA-related rule aims to tackle “financial inducements and/or penalties” under health plan wellness programs, as well as other aspects of wellness programs, and their interaction with the ADA.  The other rule seeks to address inducements to workers’ spouses or other family members who answer questions about current or past medical conditions. The EEOC said voluntary wellness programs are permissible, but they must be genuinely voluntary.

While offering clarity remains the goal, the EEOC stops short of guaranteeing that the notices of proposed rulemaking will actually issue in February 2015.   “The [February 2015] date is somewhat of a target; it’s not a fixed date,” said Yang. “I wish I could give you a more certain prediction, but I can say that it’s something we’re going to be focusing on.”

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

United States Department of Labor’s OFCCP Final Rule Protecting Sexual Orientation and Gender Identity Discrimination

December 18, 2014 by Brunini Law

On December 3, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Program (“OFCCP”) announced a final rule implementing President Obama’s Executive Order 13672 (“EO 13672”) which prohibits discrimination on the bases of sexual orientation and gender identity in the federal contracting workforce. EO 13672 does not directly impact employment considerations outside the federal contracting context. The OFCCP also updated its “Frequently Asked Questions” document concerning the changes implemented, as well as addressing employer exemptions under the new rule. The rule goes into effect 120 days after its publication in the Federal Register and applies to federal contracts entered into or modified on or after that date.

The OFCCP designed the new rule to address problems associated with employment discrimination on the basis of sexual orientation and gender identity and to ensure a fair and inclusive work environment in the context of Federal contractors. The OFCCP noted that contractor employees who face discrimination on the basis of sexual orientation or gender identity on the job may experience lower self-esteem, greater anxiety and conflict, less job satisfaction, receive less pay and have less opportunity for advancement. The OFCCP designed the new rule to address these issues.

The new rule implements EO 13672, by amending certain sections within Title 41 of the Code of Federal Regulations. The new rule requires contractors to incorporate new language into the equal opportunity clauses currently used in covered subcontracts and purchase orders. Additionally, the new rule requires contractors to notify job applicants and employees of their non-discrimination policy by posting specific notices, provided by OFCCP, in conspicuous places.

When soliciting for employees, the new rule requires federal contractors to expressly state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, “sexual orientation, gender identity,” or national origin. Contractors must also ensure that facilities provided for employees are not segregated by any of the covered basis which now includes sexual orientation and gender identity.

Although designed to safeguard against sexual orientation and gender identity discrimination, this rule does not require contractors to set goals for employing persons on the basis of sexual orientation or gender identify, collect and maintain statistics on applicants or employee on the basis of sexual orientation or gender identity, or conduct statistical analysis of applicants or employees on the basis of sexual orientation or gender identity.

Most importantly, the new rule makes no changes to the existing religious exemption allowing religiously affiliated contractors (religious corporations, associations, educational institutions, or societies) to favor individuals of a particular religion when making certain employment decisions.

Until its publication in the Federal Register, non-exempt employers should prepare for the new rule and its changes by updating its current contracts and purchase orders to include the necessary language; update job applications and job postings to comply with the new rule; and watch for the notice posting issued by OFCCP to publish in the workplace.

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

NLRB Issues Final Rule Altering Union Election Process

December 15, 2014 by Brunini Law

On December 12, 2014, a divided National Labor Relations Board issued and adopted a final rule amending its representation–case procedures—which drastically speeds up the union election process.  The rule will be published in the Federal Register on December 15, and will take effect on April 14, 2015.

The new rule requires businesses to postpone virtually all litigation over eligibility issues until after workers vote on whether to join the union.  The regulation also eliminates a previously-required 25-day period between the time an election is ordered and the election itself, and it requires employers to furnish union organizers with all available personal email addresses and phone numbers of workers eligible to vote in a union election.  (The NLRB’s Purple Communications’ decision handed down on December 11, 2014 essentially prohibited employers from denying union organizers access to company email.) The rule also, for the first time, allows for the electronic filing and transmission of union election petitions.

NLRB Board Chairman Mark Gaston and Members Kent Y. Hirozawa and Nancy Schiffer approved the final rule.  Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.  The rule includes detailed explanations regarding the rule’s impact on current procedures and the views of the majority and dissenting members.  The regulatory shift represents a clear victory for a labor movement that has often felt taken for granted by the Obama administration, while a legal challenge from business groups is all but certain.

http://www.nlrb.gov/news-outreach/news-story/nlrb-issues-final-rule-modernize-representation-case-procedures

Related Attorneys

  • Tammye Campbell Brown
  • Stephen J. Carmody
  • Christopher R. Fontan
  • Claire W. Ketner
  • Lauren O. Lawhorn
  • Scott F. Singley

Mississippi Commission on Environmental Quality Summary of Meeting Held November 20, 2014

December 1, 2014 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Phillips chaired the meeting attended by all members.  The Commission approved minutes from the previous meeting held on September 25, 2014.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM

Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm:  Goodwyn, Mills and Cawood, Inc.  The Commission unanimously approved the staff recommendation.

FY 2016 TITLE V FEE RECOMMENDATION

Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016.  The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year.  Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee.  The Commission unanimously approved this request.

ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11

Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision).  The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County.  The Department held a public hearing on the subject amendments on October 2, 2014.  The only comments received were minor comments submitted by EPA.  The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.

Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining.  However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.

ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1

Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations.  The proposed amendments include the following items:  (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.

The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.

CERTIFICATIONS APPROVED

  • Asbestos:                                          223 certifications
  • Lead Paint:                                          83 certifications
  • Underground Storage Tanks:            5 certifications
  • Wastewater Operator:                     113 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Fourteen (14) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area Number of Orders Penalty Range
NPDES 5 $0 – $7,500
Large Construction Stormwater 1 $25,000
Asbestos Removal 1 $3,500
Gravel Mining 2 $3,500 – $18,000
Hazardous Waste 3 $6,200 – $101,382
Underground Storage Tanks 2 $5,000
Solid Waste 1 $4,000

An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.

An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.

The next Commission meeting is scheduled for January 22, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held November 4, 2014

November 5, 2014 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 4, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Jim Lipe chaired the meeting.  Board members Leslie Royals and David Snodgrass were not present.  The Board approved minutes from the October meeting and all non-controversial actions/certifications by the staff since the October meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining permits to rescind.

Mr. Ron Porter of MDEQ staff explained the recommendation to rescind permits for Eutaw Construction Company, Inc. (Eutaw).  Eutaw determined that that the sites contained unsuitable material.  The sites were undisturbed, and Eutaw and no longer intends to mine the sites.

Surface Mining Permits to Rescind:

Permittee

County

Permit

Staff Recommendation

Eutaw Construction Company, Inc.

Monroe

P12-027

Rescind

Eutaw Construction Company, Inc.

Monroe

P13-016

Rescind

OTHER BUSINESS:

The Board provided updates on ongoing litigation and will provide further updates as litigation proceeds.

The City of Tupelo has appealed to the MS Supreme Court regarding the issuance of six groundwater withdrawal permits (MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114) issuedto North Lee County Water Association.

Chancery court affirmed a permit issued to Errington Poultry in Green County, MS.  The permit, issued by the Board, allows a variance to buffer requirements for construction of a poultry house.   A party has appealed the issuance of permit to the MS Supreme Court.

The next Permit Board meeting will be held on December 9, 2014.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held October 14, 2014

October 29, 2014 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on  October 14, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, PE chaired the meeting attended by all Board members.  The Board approved minutes from the September meeting and all non-controversial actions/certifications by the staff since the September meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases, permits to transfer, and permits to rescind.

Mr. James Matheny of MDEQ staff provided the following explanation regarding the recommendations to transfer and rescind permits for Tri-State Brick and Tile Company, Inc.  Tri-State went into bankruptcy, and Trustmark Bank took its properties. Tri-State Jackson Lands, LLC entered into a purchase agreement with Trustmark Bank to and requests to transfer the associated permits.

Surface Mining Bond Releases:

Permittee

County

Permit

MDEQ Staff Recommendation

Tanner Construction Company, Inc. Washington P10-023

100% release

Tanner Construction Company, Inc. Washington P10-024

100% release

Tanner Construction Company, Inc. Washington P10-035

100% release

Kevin Coleman Construction, Inc. Hinds P04-042

100% release

 

Surface Mining Permits to Transfer:

Permittee

County

Permit

Staff Recommendation

Johnston’s Sand and Gravel, Inc. requests a transfer to APAC-Mississippi Clarke P03-038AAT Approve transfer
Walters Development LLC., requests a transfer to Chris Albritton Construction Lauderdale P01-032T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P11-003T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P09-006T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P06-008T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P00-067AT Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Coleman Lands, LLC Noxubee P09-008T Approve transfer

 

Surface Mining Permits to Rescind:

Permittee

County

Permit

Staff Recommendation

Tri-State Brick and Tile Company, Inc. Hinds P96-061

Release, reclamation 100% complete

Tri-State Brick and Tile Company, Inc. Hinds P98-005

Release, reclamation 100% complete

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Groundworx, LLC, Forrest and Lamar Counties:  MSU213009

The Board adopted the Findings of Fact and Conclusions of Law regarding the issuance of a State Operating Permit for Groundworx, LLC.  The permit for Groundworx was developed following an Evidentiary Hearing held on July 15, 2014.  The board had no additional questions or objections to the permit and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

North Lee County Water Association, Lee County:  MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114

The Board adopted the Findings of Fact and Conclusions of Law for North Lee County Water Association, Lee County, MS.  After an evidentiary hearing held on August 12, 2014, MDEQ Staff proposed six groundwater withdrawal permits with special terms and conditions.  The permits were emailed to the Board members for review prior to the meeting.  The Board had no additional questions or objections to the permits and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

OTHER BUSINESS

MDEQ is developing Permit Board Rules and Regulations of Practice for Evidentiary Hearings.  The Draft Rules and Regulations will be issued soon for review by publication on the MDEQ website.  In addition, MDEQ will hold a public meeting to solicit additional input on the Rules.

The next Permit Board meeting will be held on November 4, 2014. The meeting will be held on the first Tuesday in November because the second Tuesday falls on Veterans Day.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson
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