Brunini Law

We've been around as long as the egg carton.

(But we're much tougher to crack.)

IT Support

Mississippi Environmental Quality Permit Board

by

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 9, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were 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 Releases

Permittee County Permit Staff Recommendation
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-024 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-025 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-026 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P14-007 Final 10%
Joe McGee Construction Co., Inc.                                                                      Rankin Rankin P15-006 Initial 30%
Joe McGee Construction Co., Inc.                                                                      Newton Newton P10-022 Initial 20%
Memphis Stone and Gravel                                                                      Desoto DeSoto PO4-041 Additional 15%
Tanner Construction Company                                                                      Tate Tate P10-026 Final 90%
Hammett Gravel Co., Inc.                                                                      Yazoo Yazoo P08-027AA Initial 10%

 Surface Mining Permits to Transfer 

Permittee County Permit
DeSoto Services, LLC Harrison PO4-006AAT
DeSoto Services, LLC Harrison P93-051T
DeSoto Services, LLC Harrison P89-022T

OFFICE OF POLLUTION CONTROL

D and E Construction Company Inc.: Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, Lauderdale County. This agenda item was presented jointly with the accompanying Office of Geology Permit Board Item Surface Mining Permit Modification with Acreage Permit No. P95-071. The Board voted to postpone this agenda item until a later date to be determined.

OFFICE OF LAND AND WATER PRESENTATION

An overview of the Dam Safety Permitting Process was presented by Dusty Myers of the Office of Land and Water Resources, Dam Safety Division.

The next Permit Board meeting will be held on December 11, 2018, 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.

Mississippi Environmental Quality Permit Board

by

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were 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 Releases

Permittee County Permit Staff Recommendation
Joe McGee Construction Company, Inc. Clarke P12-008 Final 10%
Century Construction and Realty Union P15-008 No Release

 

Surface Mining Permits to Rescind 

Permittee County Permit
Key, LLC Holmes P16-009A
West Madison Mining, LLC Yazoo P11-014
Madison County BOS Yazoo P08-033

 

OFFICE OF POLLUTION CONTROL

No items; however, Mark Williams, Chief, MDEQ Waste Division made a presentation to the Board describing the Solid Waste Planning and Permitting Procedures.

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel reported that the Evidentiary Hearing for C.F. Gollott and Son is scheduled for the December meeting.

The next Permit Board meeting will be held on October 9, 2018, 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.

 

Six attorneys named “Lawyer of the Year” honored by Best Lawyers® 2019

by

Six attorneys with Brunini, Grantham, Grower & Hewes, PLLC, were recently selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America. Brunini lawyers were recognized in the following categories:

The following attorneys were chosen as the Lawyer of the Year:

  • J. Gordon Flowers: Best Lawyers® 2019, Tupelo, Miss., Product Liability Litigation-Defendants
  • Lynne K. Green: Best Lawyers® 2019, Jackson, Miss., Elder Law
  • R. David Kaufman: Best Lawyers® 2019, Jackson, Miss., Bet-the-Company Litigation
  • M. Patrick McDowell: Best Lawyers® 2019, Jackson, Miss., Litigation-Securities
  • John E. Milner: Best Lawyers® 2019, Jackson, Miss., Environmental Law and Litigation-Environmental
  • Walter S. Weems:  Best Lawyers® 2019, Jackson, Miss., Mergers and Acquisitions Law

Mississippi Commission on Environmental Quality

by

The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on July 26, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on July 26, 2018.  Following a prepared agenda, items considered were as follows:

Amendments to 11 Miss. Admin. Code Part 5, Chapter 2 – Underground Storage Tank Technical Regulations

MDEQ staff recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 2. In order to comply with the federal requirements of 40 CFR Part 280 and to be able to re-apply for state program approval for the MS UST Program under 40 CFR 281, MDEQ staff recommended including new and revised requirements for: integrity testing for containment sumps; piping replacements; fuel type changes; release detection; and walkthrough monthly and annual inspections. The proposed amendments also include additional changes to enhance and protect human health, safety, and the environment. These proposed changes include requirements for airport hydrant systems and field constructed tanks, lender liability requirements to maintain USTs for future operation, and more specific reporting requirements. These proposed changes will align regulatory requirements of the Commission with requirements of the federal regulations whereby allowing MDEQ to seek re-authorization for state program approval of our Underground Storage Tank Program. Staff recommends that the Commission adopt the regulation amendments.

Amendments to 11 Miss. Admin. Code Part 5, Chapter 3 – Underground Storage TankRegulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks

MDEQ recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 3. The regulations were proposed for amendment to address new UST certification types, clarify the requirements on when a UST certified contractor shall be employed to conduct UST related services, add experience requirements for UST certified contractor to ensure quality services are provided to the UST regulated community, and to be compliant with the Fair Labor statues of Mississippi. The proposed changes include two new certified contractor classifications, define the activities that require a licensed UST contractor, add on-the-job training experience from a minimum of six (6) months to two (2) years, dependent on certification classification, and remove the requirement that an applicant must be a full-time employee of their employer to be a licensed certified contractor for that employer. Staff recommends that the Commission adopt the regulation amendments.

Commission Approval of Brownfield Agreement

The staff recommends and Commission approved the Brownfield Agreement between the Commission and the City of Vicksburg regarding the remediation of brownfield property located at 1422 Martin Luther King Jr. Boulevard in Vicksburg, Mississippi. The administrative record for this environmental response project is referred to as the Kuhn Memorial Hospital site. Assessment of the site has determined the site is contaminated with asbestos containing material. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be commercial or industrial in nature. The staff of the MCEQ has evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with applicable State and Federal laws and standards and will be protective of the public health and the environment. 

CERTIFICATIONS APPROVED

Asbestos:                                    115 certifications

Lead Paint:                                  63 certifications

Underground Storage Tanks:   9 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 9 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Five (5) Administrative Orders were issued by the Executive Director and approved by the Commission since the last report.

Pending Litigation

The Commission entered into Executive Session to discuss Pending Litigation

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel reported that the MDEQ Permit Board’s denied C.F. Gollott and Son Seafood, Inc.’s (“Gollott”) request for a preliminary hearing and also denied Gollott’s request to amend their Agreed Orders. An Evidentiary Hearing is set for December 11, 2018.

The next Commission meeting is proposed to be on September 27, 2018, 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.

Brunini Welcomes Jacob A. Bradley

by

Jake has joined Brunini, Grantham, Grower & Hewes, PLLC as an associate in one of the firm’s litigation departments.  Before joining the firm, Jake clerked for the Honorable Judge Rhesa H. Barksdale on the United States Court of Appeals for the Fifth Circuit.

Jake is a summa cum laude graduate of the University of Mississippi School of Law. Prior to attending law school, he received his Bachelors and Masters of Arts from the University of West Florida. 

In law school, Jake served on the Executive Board of the Mississippi Law Journal as Mississippi Cases Editor and won the Tom Mason Trial Advocacy Award from the American Board of Trial Advocates.

 

Mississippi Environmental Quality Permit Board

by

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 14, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Liberty Fuels Company, LLC: Modification of State of MS Surface Coal Mining and Reclamation Permit No. MS-003, Renewal 1, Modification 1 – Kemper County. Staff recommended and Board approved the Modification.  Notice was given and a public hearing was held.  Comments were received by the Sierra Club; however, no one in opposition appeared at the meeting.

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

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
W.G. Yates & Sons Construction Company DeSoto P13-004T Final 10%
W.G. Yates & Sons Construction Company DeSoto P13-008T Final 10%
W.G. Yates & Sons Construction Company DeSoto P14-004 Final 10%
Parker Sand & Gravel Lowndes P04-002A Initial 90%
Tillery Properties, LLC Jones P04-002A Final 10%

 

Surface Mining Permits to Transfer 

Permittee County Permit
B&C Land Services, LLC Hancock P06-037
Mississippi Gravel Sales, LLC Monroe P15-003A
North Mississippi Gravel Company Monroe P16-028

OTHER BUSINESS:

  1. Roy Furrh, MDEQ Legal Counsel, addressed outstanding Evidentiary Hearing requests.
  2. Mr. Furrh also reported that Staff will present an overview of the Solid Waste application process during the next meeting.

The next Permit Board meeting will be held on September 11, 2018, 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.

 

 

Brunini Attorneys Recognized by Best Lawyers

by

32 of Brunini’s attorneys have been recognized in the 2019 Edition of The Best Lawyers in America.

Biloxi

  • Leonard A. Blackwell II: Gaming Law, Land Use and Zoning Law

Columbus

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

Jackson

  • Matthew W. Allen: Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants
  • Sheldon G. Alston: Litigation – Land Use and Zoning, Litigation – Real Estate, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • P. David Andress: Real Estate Law
  • Norman E. Bailey: Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – 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, Profession Malpractice Law – Defendants
  • R. Richard Cirilli Jr.: Commercial Litigation, 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
  • Christopher R. Fontan: Litigation Labor and Employment
  • Louis G. Fuller: Litigation and Controversy – Tax, Tax Law
  • Lynne K. Green: Closely Held Companies and Family Business Law, Elder Law, Tax Law, Trust and Estates
  • James L. Halford: Communications Law, Energy Law
  • Ken Harmon: Oil and Gas Law, Real Estate Law
  • Mark Hosemann: Closely Held Companies and Family Businesses Law, Mergers and Acquisitions Law, Tax Law
  • Karen E. Howell: Commercial Litigation
  • William Trey Jones III: Commercial Litigation, Litigation – Environmental
  • R. David Kaufman: 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
  • 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, Tax Law
  • Warren Ken Rogers: Commercial Transactions / UCC Law, Corporate Governance Law, Corporate Law, Mergers and Acquisitions Law
  • 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 – Trust and Estates, Litigation and Controversy – Tax, Media Law, Tax Law, Trust and Estates
  • Joseph E. Varner III: Mergers and Acquisitions Law, Tax Law, Trust and Estates
  • John E. Wade: Commercial Litigation, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants
  • Thomas E. Walker, Jr.: Banking and Finance Law, Business Organizations (including LLCs and Partnerships), Corporate Law, Financial Services Regulation Law, Mergers and Acquisitions Law
  • Gene Wasson: Environmental Law, Real Estate Law
  • Walter S. Weems: Corporate Law, Mergers and Acquisitions Law, Tax Law
  • Ron A. Yarbrough: Construction Law, Litigation – Construction

 

 

BENCHMARK LITIGATION HAS SELECTED CODY BAILEY, KAREN HOWELL AND TAYLOR MCNEEL IN THIS YEAR’S 40 & UNDER HOT LIST

by

The Brunini firm is proud to recognize Cody Bailey, Karen Howell and Taylor McNeel, as they have been selected in the 40 & Under Hot List.  They are among the top young talent in their respective litigation communities in Mississippi and throughout the United States.  Benchmark Litigation focuses exclusively on litigation in the United States.  Benchmark Litigation selects nominees through extensive interviews of the nation’s leading private practice lawyers and in-house counsel to identify the leading litigators in each jurisdiction.  You can learn more about Brunini’s three honorees by viewing their bio’s here, here and here.

 

 

Mississippi Environmental Quality Permit Board

by

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on July 10, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

The Board approved minutes from the June 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

401/Stormwater Branch

Mississippi Export Railroad Company, Helena Industrial Park: Issuance of Coverage under Large Construction Storm Water Permit (MSR107720) and Mississippi Export Railroad Company, Sidings near Carters Road: Issuance of 401 Water Quality Certification (WQC20180012), Jackson County.

Staff recommended and Board approved the issuances of Coverage under Large Construction Storm Water Permit and 401 Water Quality Certification to provide additional space along the Applicant’s existing railroad right-of-way. Public notice was issued by MDEQ, Mississippi Department of Marine Resources and the Army Corps of Engineers and adjacent property owners were notified.  MDEQ received letters of objection from adjacent property owners and responded to concerns expressed.  The Applicant is required to purchase mitigation credits.  No one opposing the Application appeared at the meeting.

Waste Division – Solid Waste Permitting Branch

EPD – Water II Branch, Air II Branch, and 401/Stormwater Branch

Quad County Environmental Solutions, LLC, Quad County Landfill: Issuance of Solid Waste Management Permit (SW0470010580); Issuance of NPDES Storm Water Permit (MSS062383) Issuance of Air Permit to Construct (1780-00053; and Issuance of 401 Water quality Certification (WQC2017077), Marshall County.

Quad County Environmental Solutions, LLC submitted applications in connection with its proposal to upgrade and expand the current landfill to include commercial, industrial and institutional waste, but not to include household garbage. A public notice was issued and there was public hearing on the matter.  No public comments were received prior to the hearing; however, representatives of Three Rivers Solid Waste Authority and Northeast Mississippi Solid Waste Authority expressed concerns during the public hearing.  Representatives from Northeast Mississippi Solid Waste Authority appeared at the Permit Board meeting.  Concerns included the overlapping of proposed service area; demonstration of need; and proper notification for the initial application in approved 2016. After further discussions and presentations from the Applicant and representatives from Northeast Mississippi Solid Waste Authority, Staff recommended and Board approved the issuances of the Applications referenced above.

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 Releases

Permittee County Permit Staff Recommendation
A&P Gravel, LLC Pearl River P16-020 Initial 90%
Hammett Gravel Company, Inc. Yazoo P95-048 No release
Good Earth Development, Inc., Mark S. Jordan Company Madison P06-030 Initial 90%
Martin Meadowlands, LLC Madison P10-041AA Final 10%

 

OTHER BUSINESS:

  1. Roy Furrh, MDEQ Legal Counsel, welcomed Mr. Les Herrington, Mississippi Department of Health as the newest member of the MDEQ Permit Board.
  2. Mr. Furr reported that Staff will present an overview of the Solid Waste application process during the August meeting.
  3. Additionally, Mr. Furr reported that there are pending requests for Evidentiary Hearings for Le Poultry and for C.F. Gollott and Son; however hearing dates have not been set at this time.

The next Permit Board meeting will be held on August 14, 2018, 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.

Lynne K. Green and Joseph E. Varner III ranked in Chambers High Net Worth Guide.

by

Lynne K. Green and Joseph E. Varner III, both partners in the Jackson law firm of Brunini, Grantham, Grower & Hewes, have been ranked in Chambers 2018 High Net Worth Guide. They were also ranked in 2017, which was the first year Mississippi attorneys and law firms were included in this guide. 

Chambers High Net Worth Guide is the only independent directory specifically aimed at the private wealth market that ranks law firms according to their private client disciplines. 

For the second year Brunini, Grantham, Grower & Hewes also received the highest ranking as a Band 1 private wealth law firm by Chambers High Net Worth Guide. 

For nearly 30 years, Chambers has offered the most in-depth research of this type globally, featuring a London-based team of 200 researchers who speak a combined 23 languages and conduct thousands of interviews each year.

 

Related Attorneys