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Brunini Law

Brunini Welcomes Breland Parker

September 27, 2021 by Brunini Law

Brunini Law Firm welcomes Breland Parker as our newest Associate in the firm’s litigation department.  Breland received his Juris Doctor from the University of Mississippi School of Law in 2021, graduating summa cum laude.  In law school, Breland was an Executive Articles Editor for the Mississippi Law Journal and member of the Negotiation Board.  Prior to law school, he received his Bachelor of Accountancy from the University of Mississippi, where he graduated magna cum laude.

In both graduate and undergraduate studies, Breland was a member of Phi Kappa Phi which is the nation’s oldest and most selective multidisciplinary collegiate honor society.

He is admitted to the Mississippi Bar

 

For more information contact: bparker@brunini.com

Related Attorneys

  • Breland Parker

Edmund Lawrence Brunini, Jr.

September 13, 2021 by Brunini Law

April 21, 1944 – August 31, 2021

Edmund L. Brunini, Jr. a leader of Brunini Law Firm, passed away on August 31, 2021.  He began his law career in 1969 with Brunini, Grantham, Grower & Hewes where he practiced law for 45 years.  During that time he had an accomplished career focusing on litigation and regulatory law.

In his early years Mr. Brunini served clients in the oil and gas industry of Mississippi. As major petroleum producers began exiting the state, he transitioned into the practice area of healthcare.  He established a relationship with the Dominican Sisters of Springfield, Illinois and their mission of St. Dominic’s Hospital in Jackson. As the need for legal services increased, he was able to provide the counsel and resources they needed to help meet the needs of this mission.

Mr. Brunini also served a wide array of other clients in various industries which included manufacturing, healthcare, general business and local governments.

“I always admired Eddie for his keen intellect, sound judgment, compassion for his fellow man, and truly incomparable wit.  We will all miss him and what he provided to our firm,“ said David Kaufman, Partner.

Not only was Mr. Brunini a successful attorney, but he valued and was actively involved in community service.  He modeled this through the many leadership roles he held in numerous community organizations.

“Eddie Brunini was an outstanding lawyer and leader of the Brunini Firm for many years,” said Sam Kelly, Managing Partner of Brunini Law Firm.  “He reminded us all of the importance of service not only to our clients but also to our communities.  He could always be counted on to lighten a moment with his humor and wit.  He will indeed be missed, but his legacy at the Brunini Firm will continue for many years into the future.”

See obituary

 

Brunini Attorneys Recognized in the 2022 Edition of Best Lawyers

August 19, 2021 by Brunini Law

Brunini is honored to have many of our attorneys recognized in the 2022 Edition of Best Lawyers of America.  Recognition by Best Lawyers of America is based entirely on peer review.  Best Lawyers of America employs a sophisticated, conscientious, rational and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

Additional recognitions are also awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic region.  Only one lawyer is recognized as the “Lawyer of the Year” for each specialty and location.

Best Lawyers of America’s “Ones to Watch” category recognizes extraordinary lawyers who have been in private practice for less than 10 years in the United States.  This award is also based entirely on peer review.

We congratulate the following attorneys for their hard work, dedication and commitment to excellence.

2022 – Lawyer of the Year

  • Jackson-MS
        • Norman E. Bailey – Trademark Law
        • Stephen J. Carmody – Employee Benefits (ERISA) Law
        • Lynne K. Green – Elder Law
        • Karen E. Howell – Litigation – ERISA
        • R. David Kaufman – Legal Malpractice Law – Defendants
        • Warren Ken Rogers – Corporate Governance Law
        • John E. Wade – Litigation – Health Care
  • Tupelo
        • J. Gordon Flowers – Personal Injury Litigation – Defendants

  2022 Ones to Watch

Alston F. Ludwig (2021)

        • Alternative Dispute Resolution
        • Commercial Litigation
        • Construction Law
  • Lane Bobo (2021)
        • Commercial Litigation
        • Construction Law
        • Health Care Law
  • Jacob A. Bradley (2021)
        • Construction Law
        • Litigation – Construction
        • Commercial Litigation
  • Drew C. Bigelow (2021)
        • Corporate Law
        • Real Estate Law
        • Trusts and Estates

 2022 Recognized Lawyers in the following fields by Best Lawyers in America

  • Jackson, MS
    • John M. Flynt (2011)
        • Administrative / Regulatory Law
        • Business Organizations (including LLCs and Partnerships)
        • Commercial Finance Law
        • Commercial Transactions / UCC Law
        • Corporate Law
        • Elder Law
        • Mergers and Acquisitions Law
        • Real Estate Law
  • James L. Halford (2007)
        • Administrative / Regulatory Law
        • Communications Law
        • Energy Law
        • Energy Regulatory Law
  • John E. Milner (1993)
        • Administrative / Regulatory Law
        • Environmental Law
        • Litigation – Environmental
  • Gene Wasson (2018)
        • Administrative / Regulatory Law
        • Environmental Law
        • Litigation – Environmental
        • Natural Resources Law
        • Oil and Gas Law
        • Real Estate Law
  • William Trey Jones III (2003)
        • Appellate Practice
        • Commercial Litigation
        • Litigation – Environmental
        • Litigation – Trusts and Estates
  • Patrick McDowell (2012)
        • Appellate Practice
        • Commercial Litigation
        • Litigation – Securities
        • Mass Tort Litigation / Class Actions – Defendants
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
  • William D. Drinkwater (2020)
        • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
        • Commercial Litigation
        • Land Use and Zoning Law
        • Litigation – Banking and Finance
        • Litigation – Land Use and Zoning
        • Litigation – Real Estate
        • Mortgage Banking Foreclosure Law
  • James A. McCullough II (2012)
        • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
        • Business Organizations (including LLCs and Partnerships)
        • Commercial Litigation
        • Energy Law
        • Litigation – Bankruptcy
        • Litigation – ERISA
        • Litigation – Health Care
        • Mass Tort Litigation / Class Actions – Defendants
        • Mortgage Banking Foreclosure Law
  • David Kaufman (2003)
        • Bet-the-Company Litigation
        • Commercial Litigation
        • Legal Malpractice Law – Defendants
        • Litigation – Antitrust
        • Litigation – Securities
        • Mass Tort Litigation / Class Actions – Defendants
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
        • Professional Malpractice Law – Defendants
  • Ken Harmon (2018)
        • Business Organizations (including LLCs and Partnerships)
        • Oil and Gas Law
        • Real Estate Law
  • William C. Penick IV (2016)
        • Business Organizations (including LLCs and Partnerships)
        • Closely Held Companies and Family Businesses Law
        • Corporate Law
        • Mergers and Acquisitions Law
        • Nonprofit / Charities Law
        • Tax Law
        • Trusts and Estates
  • Warren Ken Rogers (2015)
        • Business Organizations (including LLCs and Partnerships)
        • Commercial Finance Law
        • Commercial Transactions / UCC Law
        • Corporate Governance Law
        • Corporate Law
        • Mergers and Acquisitions Law
  • Walter S. Weems (1999)
        • Business Organizations (including LLCs and Partnerships)
        • Commercial Finance Law
        • Commercial Transactions / UCC Law
        • Corporate Law
        • Mergers and Acquisitions Law
        • Tax Law
  • Lynne K. Green (2003)
        • Closely Held Companies and Family Businesses Law
        • Commercial Litigation
        • Elder Law
        • Tax Law
        • Trusts and Estates
  • Matthew W. Allen (2016)
        • Commercial Litigation
        • Mass Tort Litigation / Class Actions – Defendants
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
  • Sheldon G. Alston (2016)
        • Land Use and Zoning Law
        • Litigation – Labor and Employment
        • Litigation – Land Use and Zoning
        • Litigation – Real Estate
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
        • Commercial Litigation
  • Norman E. Bailey (2016)
        • Commercial Litigation
        • Mass Tort Litigation / Class Actions – Defendants
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
        • Trademark Law
  • Cody C. Bailey (2020)
        • Commercial Litigation
        • Construction Law
        • Litigation – Construction
  • Richard Cirilli Jr (2016)
        • Commercial Litigation
        • Health Care Law
        • Legal Malpractice Law – Defendants
        • Litigation – Health Care
        • Mass Tort Litigation / Class Actions – Defendants
        • Product Liability Litigation – Defendants
        • Professional Malpractice Law – Defendants
  • Karen E. Howell (2018)
        • Commercial Litigation
        • Corporate Law
        • Land Use and Zoning Law
        • Litigation – ERISA
        • Litigation – Land Use and Zoning
        • Personal Injury Litigation – Defendants
        • Trademark Law
  • Samuel C. Kelly (2006)
        • Commercial Litigation
        • Construction Law
        • Eminent Domain and Condemnation Law
        • Litigation – Construction
  • John E. Wade (2008)
        • Commercial Litigation
        • Land Use and Zoning Law
        • Litigation – Health Care
        • Mass Tort Litigation / Class Actions – Defendants
        • Medical Malpractice Law – Defendants
        • Personal Injury Litigation – Defendants
  • Ron A. Yarbrough (2007)
        • Construction Law
        • Litigation – Construction
  • Stephen J. Carmody (2009)
        • Employee Benefits (ERISA) Law
        • Employment Law – Management
        • Labor Law – Management
        • Litigation – ERISA
        • Litigation – Intellectual Property
        • Litigation – Labor and Employment
        • Mass Tort Litigation / Class Actions – Defendants
        • Professional Malpractice Law – Defendants
  • Christopher R. Fontan (2019)
        • Employment Law – Management
        • Litigation – Labor and Employment
        • Workers’ Compensation Law – Employers
  • Claire W. Ketner (2022)
        • Litigation – Labor and Employment
  • Joseph E. Varner III (2012)
        • Mergers and Acquisitions Law
        • Tax Law
        • Trusts and Estates
  • Columbus, MS
    • Gordon Flowers (2009)
        • Commercial Litigation
        • Environmental Law
        • Mass Tort Litigation / Class Actions – Defendants
        • Personal Injury Litigation – Defendants
        • Product Liability Litigation – Defendants
  • Scott F. Singley (2022)
        • Medical Malpractice Law – Defendants
  • Biloxi, MS
    • Leonard A. Blackwell II (2005)
        • Gaming Law
        • Land Use and Zoning Law

Related Attorneys

  • Alston F. Ludwig
  • Benje Bailey
  • Christopher R. Fontan
  • Claire W. Ketner
  • Cody C. Bailey
  • Drew C. Bigelow
  • Gene Wasson
  • J. Gordon Flowers
  • Jacob A. Bradley
  • James A. McCullough II
  • James L. Halford
  • John E. Milner
  • John E. Wade
  • John M. Flynt
  • Joseph E. Varner III
  • Karen E. Howell
  • Ken Harmon
  • Leonard A. Blackwell, II
  • Lynne K. Green
  • M. Patrick McDowell
  • Matthew W. Allen
  • R. David Kaufman
  • R. Lane Bobo
  • R. Richard Cirilli, Jr.
  • Ron A. Yarbrough
  • Samuel C. Kelly
  • Scott F. Singley
  • Sheldon G. Alston
  • Stephen J. Carmody
  • Walter S. Weems
  • Warren Ken Rogers
  • William C. Penick IV
  • William D. Drinkwater
  • William Trey Jones III

Mississippi Environmental Quality Permit Board Summary of Meeting Held August 10, 2021

August 12, 2021 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on August 10, 2021.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board. The Board first approved minutes from the previous meeting held on July 13, 2021 and the non-controversial actions/certifications completed by the staff since the February meeting. Then, following a prepared agenda, the Board considered items as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Release

Permittee County Permit Staff Recommendation
Krystal Gravel, Inc. Copiah P87-003 Additional 10%
Krystal Gravel, Inc. Copiah P87-012 Additional 30%
Krystal Gravel, Inc. Copiah P91-029T Additional 20%
Krystal Gravel, Inc. Copiah P94-067T1 Additional 10%
Krystal Gravel, Inc. Copiah P09-007 Additional 30%

 

Other Business

Lisa Ouzts, MDEQ Senior Attorney, presented and the Board approved Proposed Findings of Fact and Conclusions of Law related to the evidentiary hearing regarding the issuance of Section 401 Water Quality Certification No. WQC2018036 to the Mississippi Port Authority.  .

 Roy Furrh, MDEQ Chief Counsel, NCL Waste has withdrawn its application and is no longer before the Permit Board.

The next Permit Board meeting will be held on September 14, 2021, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group 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 content of a newsletter, or if you 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.

 

Related Attorneys

  • John E. Milner

Brunini’s Matt Allen was a contribution author to the American Bar Association Section on Environment, Energy, and Resources (SEER) recently released publication

July 26, 2021 by Brunini Law

Jackson, MS:  Brunini’s Matt Allen was a contribution author to the American Bar Association Section on Environment, Energy, and Resources (SEER) recently released publication, The 2020 Year in Review. The Year in Review is the Section’s annual summary of important developments in environmental, energy, and resources law. Matt was a contributing author on the topics of Pesticides, Chemical Regulation and Right-to-Know and Water Quality and Wetlands. Other topics include air quality, environmental transactions and brownfields, water quality and wetlands, public land and resources, oil and gas, and water resources.

Matt joined the Brunini Law Firm in 2005 and is a member of the firm’s litigation department and environmental law practice group. He has extensive experience litigating a range of matters in federal and state courts, including complex commercial, product liability, environmental, tax, public record, media, and constitutional disputes. He has also advised private entities, non-profits, and local governments on general business and regulatory matters.

For more information contact Matt Allen at mwallen@brunini.com.

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  • Matthew W. Allen

Brunini Law Firm Earns Recertification in Meritas, the Leading Global Alliance of Independent Business Law Firms

July 19, 2021 by Brunini Law

Brunini Law Firm membership in Meritas means clients can access quality legal expertise around the world

JACKSON, MS – July 19, 2021– Brunini Law Firm, a Mississippi – based law firm, today announced that it has been awarded recertification in Meritas, a global alliance of independent business law firms. As a condition of its membership, Brunini is required to successfully complete recertification every three years.

Meritas is the only law firm alliance with an established and comprehensive means of monitoring the quality of its member firms, a process that saves clients’ time validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the breadth of their practice expertise, client satisfaction and high standards of cybersecurity to keep legal information safe. Meritas’ extensive due diligence process ensures that only firms meeting the tenets of Meritas’ unique Quality Assurance Program are allowed to maintain membership. The measurement of the firm’s performance, based on input from clients, is reflected in a Satisfaction Index score, which is available online on the Meritas website.

“Our values of quality service and client satisfaction align with the Meritas mission to provide a safe and responsive global offering to clients,” said Benje Bailey, Partner. “We’ve successfully collaborated with colleagues in many jurisdictions around the world to solve client issues and help them seize opportunities outside of this market. We look forward to keeping those vital connections through membership in Meritas.”

The recertification process Brunini completed to maintain its membership status included exacting self-assessment, peer review by other law firms and client feedback.

“Businesses trust the Meritas alliance of law firms for top-tier quality, convenience, consistency and value,” said Sona Pancholy, president of Meritas. “Brunini has demonstrated its commitment to world-class legal standards, and therefore has successfully earned its recertification in Meritas.”

For more information about Brunini’s capabilities and the benefits of its membership in Meritas, visit brunini.com or call 601-948-3101.

About Brunini Law Firm

Brunini Law Firm, a Meritas member firm, was founded in 1891 and currently operates with 39 lawyers and 29 support staff. With offices in three locations, including Jackson, Columbus and Biloxi,  Brunini’s comprehensive and accomplished law practice offers coordinated services across a diverse field of clients, industries and issues. For more information about Brunini visit brunini.com or call 601-948-3101.

 About Meritas

Meritas’ global alliance of independent, market-leading law firms provides borderless legal services to companies looking to effectively capture opportunities and solve issues anywhere in the world. Companies benefit from local knowledge, collective strength and new efficiencies when they work with Meritas law firms. The personal attention and care they experience is part of Meritas’ industry-first commitment to the utmost in quality of service and putting client priorities above all else. Founded in 1990, Meritas has member firms in 259 markets worldwide with more than 7,500 dedicated, collaborative lawyers. To locate a Meritas resource for a specific need or in a certain market, visit Meritas.org or call +1-612-339-8680.

Related Attorneys

  • Benje Bailey

President Biden Issues Executive Order Encouraging Federal Limits on Non-Compete Agreements

July 14, 2021 by Brunini Law

By: Chris Fontan

On Friday, July 9, 2021, President Joe Biden signed his Executive Order on Promoting Competition in the American Economy (the Executive Order).  In the Executive Order, President Biden directed various federal agencies to implement over seventy specific actions aimed at broadly increasing competition in the American economy by impacting a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs.

One of the specific activities the Executive Order seeks to address is the use by companies of non-competition agreements—that is, those agreements that limit the ability of individual employees to work for competitors after leaving their employer. In Section 5(g) of the Executive Order, President Biden encouraged the Federal Trade Commission (“FTC”) to utilize its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”  Interestingly, the Executive Order expressly states that its goal is to curb the “unfair” use of non-compete clauses. However, in remarks accompanying the Executive Order, the White House clearly stated that President Biden “encourages the FTC to ban or limit non-compete agreements” altogether.

During a public statement made at the signing of the Executive Order, President Biden denounced the “ridiculous” prevalence of non-competition agreements in the United States. As part of his argument in support of the Executive Order, the President alleged that:

  • 1-in-3 American businesses required employees to sign non-compete agreements, and
  • 1-in 5 American workers without a college degree are subjected to non-compete agreements.

President Biden argued these agreements, in many cases, were not implemented to protect any legitimate interest of the employer, but instead were put in place to “keep wages low.”

Impact of the Executive Order

A comprehensive rule governing non-competes would be an unprecedented step from the federal government.  Historically, the regulation of non-compete agreements has been left to the states, many of which have recently passed legislation of their own.  Recent state legislation has focused, among other issues, on restricting the use of non-competition agreements to employees above a certain compensation level. The Executive Order does not offer any details on whether these are the types of limitations President Biden would like the FTC to consider.

As written, the Executive Order “encouraged” the FTC to “ban or limit non-compete agreements”—far short of the type of sweeping prohibition that many felt President Biden would try to implement by executive action following his promises on the campaign trail. Instead, President Biden essentially asked the FTC to look at using its authority to address the issue. Moving forward, there are a wide range of potential avenues that American employers and employees could see, such as:

  • The FTC may attempt to prohibit the use of all non-competition provisions.
  • The FTC may attempt to prohibit the use of all non-compete provisions, as well as any other similar restrictive covenants—such as customer non-solicitation provisions or co-employee non-piracy provisions.
  • The FTC may attempt to prohibit the use of non-compete provisions with respect to a specific subset of employees—such as blue collar or lower-wage earning employees.
  • The FTC may attempt to regulate and restrict the method in which non-competition provisions are utilized—such as by requiring disclosure of a non-competition requirement to prospective employees in advance.

Despite the harsh rebuke contained in President Biden’s public statements and accompanying remarks, it seems unlikely that the FTC would pursue a complete ban on non-compete agreements.  Such a move would be met by strong opposition from the business community. Non-competes are viewed as vital by many employers seeking to protect their trade secrets and goodwill, among other legitimate business interests.

The express use of the phrase “unfair use” in the Executive Order suggest that the FTC may take a more moderate approach of using its regulatory power to attempt to limit the use of non-compete agreements with blue collar or lower-wage earning employees.  Even so, the administrative rulemaking process likely will take several months or even years.  Additionally, many question whether the FTC has the authority to regulate non-compete restrictions in the first place. That issue will almost certainly be litigated.

For now, employers are encouraged to continue to review their non-compete agreements for compliance with state law, and to contact their labor and employment counsel for additional information concerning these developments.  If you need Labor & Employment counsel, please contact any member of Brunini’s Labor & Employment Practice Group.

 

 

 

 

 

Related Attorneys

  • Christopher R. Fontan
  • Claire W. Ketner
  • Maggie Duff West
  • Stephen J. Carmody
  • Suzette Turner
  • William Trey Jones III
  • Scott F. Singley
  • Claire Williams

Mississippi Commission on Environmental Quality Summary of Meeting Held June 24, 2021

June 30, 2021 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on May 27, 2021.  This meeting was held in-person and through a telephone conference.  The public was invited to listen to the deliberations of the Commission on the conference phone.  The Commission first approved minutes from the previous meeting held on May 27, 2021.  Then, following a prepared agenda, the Commission considered items as follows:

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Adoption of FY-2021 Intended Use Plan

The staff recommended and the Commission approved adoption of the FY-2021 Intended Use Plan. This document identifies the loan funds available for the construction of wastewater infrastructure, the local governments to receive these loan funds, the loan interest rate, program deadlines, and other related information. Public comments on the draft Intended Use Plan have been solicited through a public comment period and a public hearing and no comments were received.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Resolution of Necessity to Issue Bonds

During the 2021 legislative session, Senate Bill 2971 was passed and subsequently signed by the Governor. This bill provided for the issuance of $2,870,000 in bonds to provide state matching funds required to obtain $14,350,000 in available federal assistance to this program. The funds are loaned at low interest rates to facilitate the construction or improvement of wastewater treatment facilities in the state. In order to initiate this process, the Commission must adopt a Resolution of Necessity for issuance of these bonds. MDEQ staff provided copies of the Resolution to the Commission for consideration and recommended and the Commission adopted the Resolution of Necessity to issue the bonds.

Proposed Amendments to Regulations for Water Quality Criteria for Intrastate, Interstate, and Coastal Waters (11 Miss. Admin. Code Pt. 6, Ch. 2)

MDEQ staff recommended and the Commission adopted the proposed amendments to the State’s water quality standards (WQSs). MDEQ is required by the Clean Water Act to routinely review and update the state’s water quality standards document in a process known as the triennial review. Revisions to the State’s WQSs were made as part of the current triennial review process. A 45-day public comment period for the draft modifications was held from Thursday, February 11 until Monday, March 29, 2021. A public hearing regarding the proposed regulations was held on Tuesday, March 30, 2021. A request was submitted on March 29, 2021, requesting a 10-day extension to the public comment period regarding the proposed amendments. The extension request was approved by MDEQ. Therefore, written comments regarding the draft modifications were accepted until Friday, April 9, 2021, at 5:00 p.m. MDEQ staff have reviewed, evaluated, and responded to comments received. The redline version of the proposed amendments was provided to the Commission for review along with all comments received and the responsiveness summaries. The last modifications to Mississippi WQSs were adopted by the Commission on February 25, 2016 and were approved by EPA on January 18, 2017.

Commission Approval of Proposed Regulation 11 Miss. Admin. Code Pt. 7, Ch. 4, entitled Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations

MDEQ staff recommended and the Commission approved and adopted the proposed regulations implementing a program to be administered by MDEQ, whereby applicant high hazard dam owners may apply for a grant to assist them with work on eligible high hazard dams in the state to improve the safety of such dams to protect downstream lives and property.  An applicant must provide matching funds of at least 35 percent of the grant amount. The funding for the grants is provided by Section 19 of H.B. 1730, which passed and became law in the 2020 legislative session. Additional funding was provided by the Legislature in 2021. A public hearing on the proposed regulations was held on June 15, 2021, and a public comment period was allowed as well.

Commission Approval of Brownfield Agreement – Reda, LLC – Columbus, MS

MDEQ staff recommended and the Commission approved the Brownfield Agreement between the Commission and REDA, LLC regarding the remediation of brownfield property located at 234 Alabama Street, Columbus, Mississippi. The administrative record for this environmental response project is referred to as the Supersonic Car Wash site. Supersonic Car Wash, which is located adjacent to a drycleaner, discovered chlorinated solvents beneath their property. The staff of the MCEQ believes the Supersonic Car Wash site may have been impacted by the adjacent drycleaners as historical records do not reveal use of chlorinated solvents on the property. REDA, LLC has agreed that the proposed remediation measures will be through filing a land use restriction with the property deed and entering into a Brownfield Agreement. The Brownfield Agreement Site will be subject to an environmental covenant restricting the future site use, including all impacted media. The draft Brownfield Agreement has completed the 45-day public notice period on June 23, 2021. No comments were received. MDEQ staff have evaluated the proposed Brownfield Agreement and took the position that, with the conditions and restrictions contained within the proposed Brownfield Agreement, the site will be in compliance with all applicable state and federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed.

CERTIFICATIONS APPROVED

Asbestos:                     139 certifications

Lead Paint:                  42 certifications

Emergency

Clean-up Expenses:     3 emergency expenditure

 

ADMINISTRATIVE ORDERS APPROVED

Ten (10) Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.

The next Commission meeting is proposed to be on July 22, 2021, 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.

If you have any questions concerning the content of a newsletter, or if you 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.

Related Attorneys

  • John E. Milner

Brunini Law Firm Welcomes Suzette Turner

June 24, 2021 by Brunini Law

June 24, 2021

Brunini Law Firm welcomes Suzette Turner as a new Associate with the firm.  Turner received her Juris Doctorate from the University of Mississippi School of Law in December, 2020. While in law school she served as President of the Dean’s Leadership Council.  Turner served as student liason for faculty hiring and selection and was a founding member of the Latin Law Students Association.

From 2019-2020, Turner served as the student attorney for Housing Clinic/Advance Housing Clinic.  She co-authored two federal complaints filed in the U.S. District Court of Mississippi and presented oral arguments in Mississippi State Courts.

Turner graduated cum laude in 2016 with a Bachelor of Science and Molecular Biology from the University of Southern Mississippi.

Suzette is a part of the Litigation group of Brunini Law firm and focuses primarily on Civil Litigation.

 

 

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Brunini Law Firm Attorney Matt Allen presenting at the 29th Annual Southeastern Environmental Law and Regulation Conference

June 17, 2021 by Brunini Law

 

Brunini Law Firm Attorney Matt Allen will be presenting “Corporate Initiatives to Adjust to a Low-Carbon Economy in Response to EPA’s Deregulatory Agenda: Opportunities for Environmental Professionals” at the 29th Annual Southeastern Environmental Law and Regulation Conference on June 18, 2021.

Allen is a member of the Environmental Practice Group within Brunini Law Firm.  The group is acknowledged as a statewide leader in Environmental Law.  Allen has been with Brunini Law Firm since 2005. He has the highest peer review rating available by Martindale-Hubblell (AV), been recognized numerous times by SuperLawyers as one of the top lawyers in the Mid-South as well as being recognized by Best Lawyers in America.

The Conference is sponsored by Environmental Law Section of the Alabama State Bar and the Section on Natural Resources, Energy and Environmental Law of the Mississippi Bar.

He may be reached by email at mallen@brunini.com.

For more information regarding the conference go to: https://beaconcle.com/29th-southeastern-environmental-law-regulation-conference/

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  • Matthew W. Allen
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