36 BRUNINI ATTORNEYS RECOGNIZED IN THE BEST LAWYERS IN AMERICA© 2021 EDITION
We are pleased to announce that 36 Brunini attorneys have been recognized in the 2021 Edition of The Best Lawyers in America©. Best Lawyers is the oldest and most respected lawyer ranking service in the world. Best Lawyers is the oldest and most respected lawyer ranking service in the world. For almost 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
Lawyers named to The Best Lawyers in America publication were recognized by their peers in the legal industry for their professional excellence in 148 practice areas. For the 2021 Edition of The Best Lawyers in America, 9.4 million votes were analyzed, which resulted in the inclusion of more than 67,000 lawyers, or approximately 5% of practicing lawyers in the United States.
Best Lawyers: Ones to Watch, the newest award initiative from Best Lawyers, recognized attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. More than 11,000 lawyers from 2,169 firms were selected for inclusion in the inaugural edition of Best Lawyers: Ones to Watch.
Additionally, using data collected during The Best Lawyers in America research process, 5,791 lawyers received a “Lawyer of the Year” award based on their extremely high overall feedback within a specific practice area and metropolitan region. “Lawyer of the Year” recognition’s were awarded in 136 practice areas across 184 metropolitan regions.
We are so proud of each of our attorneys who have been recognized by The Best Lawyers in America©. Below is a list of each category and the attorneys who were recognized.
Best Lawyers “Lawyer of the Year”
- William D. Drinkwater – Land Use and Zoning Law and Litigation – Land and Use Zoning
- John M. Flynt – Administrative / Regulatory Law
- Lynne K. Green – Closely Held Companies and Family Businesses Law
- David Kaufman – Bet-the-Company Litigation
- Samuel C. Kelly – Construction Law
- James A. McCullough II – Mortgage Banking Foreclosure Law
- Patrick McDowell – Litigation – Securities
- William C. Penick IV – Nonprofit / Charities Law
- Walter S. Weems – Business Organizations (including LLCs and Partnerships)
- Ron A. Yarbrough – Litigation – Construction
Best Lawyers
Biloxi, MS
Leonard A. Blackwell II
- Gaming Law and Land and Use and Zoning Law
Columbus, MS
Gordon Flowers
- Commercial Litigation, Environmental Law, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
Jackson, MS
Matthew W. Allen
- Commercial Litigation, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
Sheldon G. Alston
- Commercial Litigation, Litigation – Labor and Employment, Litigation – Land Use and Zoning, Litigation – Real Estate, Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
David Andress
- Business Organizations (including LLCs and Partnerships), Commercial Finance Law, Commercial Litigation, Commercial Transaction / UCC Law, Mortgage Banking Foreclosure Law and Real Estate Law
Cody C. Bailey
- Commercial Litigation and Construction Law
Benje Bailey
- Commercial Litigation, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants, and Trademark Law
Stephen J. Carmody
- 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 and Professional Malpractice Law – Defendants
Richard Cirilli Jr
- Commercial Litigation, Health Care Law, Legal Malpractice Law – Defendants, Litigation – Health Care, Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants and Professional Malpractice Law – Defendants
William D. Drinkwater
- Commercial Litigation, Land Use and Zoning Law, Litigation – Land Use and Zoning, Litigation – Real Estate and Mortgage Banking Foreclosure Law
John M. Flynt
- Administrative / Regulatory Law, Business Organizations (including LLC’s and Partnerships), Commercial Finance Law, Commercial Transactions / UCC Law, Corporate Law, Elder Law, Mergers and Acquisitions Law and Real Estate Law
Christopher R. Fontan
- Employment Law – Management, Litigation – Labor and Employment and Workers’ Compensation Law – Employers
Louis G. Fuller
- Commercial Finance Law, Litigation and Controversy – Tax and Tax Law
Lynne K. Green
- Closely Held Companies and Family Businesses Law, Commercial Litigation, Elder Law, Tax Law and Trusts and Estates
James L. Halford
- Communications Law and Energy Law
Ken Harmon
- Business Organizations (including LLCs and Partnerships), Oil and Gas Law and Real Estate Law
Karen E. Howell
- Commercial Litigation, Corporate Law, Land Use and Zoning Law, Litigation – ERISA, Litigation – Land Use and Zoning, Personal Injury Litigation – Defendants
William Trey Jones III
- Appellate Practice, Commercial Litigation and Litigation – Environmental
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 and Professional Malpractice Law – Defendants
Samuel C. Kelly
- Commercial Litigation, Construction Law, Eminent Domain and Condemnation Law and Litigation – Construction
James A. McCullough II
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Business Organizations (including LLC’s and Partnerships), Commercial Litigation, Litigation – Bankruptcy, Litigation – ERISA, Litigation – Health Care, Mass Torts Litigation / Class Actions – Defendants and Mortgage Banking Foreclosure Law
Patrick McDowell
- Appellate Practice, Commercial Litigation, Litigation – Securities, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
John E. Milner
- Environmental Law and Litigation – Environmental
William C. Penick IV
- Business Organizations (including LLCs and Partnerships), Closely Held Companies and Family Businesses Law, Corporate Law, Mergers and Acquisitions Law, Nonprofit / Charities Law, Tax Law and Trusts and Estates
Warren Ken Rogers
- Business Organizations (including LLCs and Partnerships), Commercial Finance Law, Commercial Transactions / UCC Law, Corporate Governance Law, Corporate Law and Mergers and Acquisitions Law
Watts C. Ueltschey
- Administrative / Regulatory Law, Energy Law, Energy Regulatory Law, Mining Law, Natural Resources Law, Oil and Gas Law and Real Estate Law
Leonard D. Van Slyke, Jr.
- Litigation – First Amendment, Litigation – Trusts and Estates, Litigation and Controversy – Tax, Media Law, Tax Law and Trusts and Estates
Joseph E. Varner III
- Mergers and Acquisitions Law, Tax Law and Trusts and Estates
John E. Wade
- Commercial Litigation, Land Use and Zoning Law, Litigation – Health Care, Mass Tort Litigation / Class Actions – Defendants, Medical Malpractice Law – Defendants, and Personal Injury Litigation – Defendants
Gene Wasson
- Environmental Law, Litigation – Environmental, Natural Resources Law and Real Estate Law
Walter S. Weems
- Business Organizations (including LLCs and Partnerships), Commercial Finance Law, Commercial Transactions / UCC Law, Corporate Law, Mergers and Acquisitions Law and Tax Law
Ron A. Yarbrough
- Construction Law and Litigation – Construction
Best Lawyers: Ones To Watch
Jackson, MS
Drew C. Bigelow
- Corporate Law, Real Estate Law and Trusts and Estates
R. Lane Bobo
- Commercial Litigation, Construction Law and Health Care Law
Jacob A. Bradley
- Commercial Litigation, Construction Law and Litigation – Construction
Alston F. Ludwig
- Alternative Dispute Resolution, Commercial Litigation and Construction Law
TWO BRUNINI ATTORNEYS RECOGNIZED BY CHAMBERS HIGH NET WORTH 2020
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. Two of Brunini’s attorneys are recognized in the 2020 HNW edition. Brunini Law Firm was also recognized in the firm rankings.
The following Brunini Attorneys were recognized:
Lynne K. Green – Private Wealth Management – Band I
Joseph E. Varner, III – Private Wealth Management – Band II
Brunini was also recognized in the publication’s firm rankings for private wealth law in Mississippi (Band II). The firm has been recognized since 2016 when the publication first started.
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.
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THREE BRUNINI ATTORNEYS RECOGNIZED BY BENCHMARK LITIGATION 40 & UNDER HOT LIST
Three Brunini, Grantham, Grower & Hewes, PLLC attorneys have been recognized by Benchmark Litigation 40 & Under Hot List 2020 edition. This ambitious group is among the top young talent in their respective litigation communities in Mississippi and throughout the United States.
- Cody C. Bailey: Construction and Commercial Litigation
- Karen E. Howell: Intellectual Property and Commercial Litigation
- Taylor B. McNeel: Commercial Litigation
Benchmark Litigation’s goal is to find the best and brightest who stand out in their practices by focusing exclusively on litigation in the United States and Canada. 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.
For more information on Benchmark Litigation’s 2020 edition 40 & Under Hot List, please click here.
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Mississippi Environmental Quality Permit Board
Summary of Meeting Held May 12, 2020
The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on May 12, 2020. This meeting was held through a telephone and Zoom 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 April 14, 2020 and the non-controversial actions/ certifications completed by the staff since the March 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 Application
Permittee | County | Permit |
Baker Ready Mix & Construction, LLC | Winston | A2038 |
James Matheney (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 |
J. J FERGUNSON SAND & GRAVEL | CARROLL | P98-027 | No Release |
JOE MCGEE CONSTRUCTION CO | RANKIN | P14-021 | Final 10% |
JOE MCGEE CONSTRUCTION CO | RANKIN | P15-001 | Final 10% |
MAGCO, INC | JASPER | P13-007 | No Release |
ODDEE SMITH CONSTRIUCTION, INC | LINCOLN | P02-066AAA | Initial 35% |
W.S. JORDAN & SONS SAND & GRAVEL, INC | DESOTO | P87-005 | Initial 90% |
W.S. JORDAN & SONS SAND & GRAVEL, INC | DESOTO | P92-001 | Final 60% |
W.S. JORDAN & SONS SAND & GRAVEL, INC | DESOTO | P96-026 | Final 20% |
W.S. JORDAN & SONS SAND & GRAVEL, INC | DESOTO | P99-045 | Initial 90% |
ALL SOUTH CONSTRUCTION | NESHOBA | P99-071A | Final 80% |
OFFICE OF POLLUTION CONTROL
WASTE DIVISION – SOLID WASTE PERMITTING BRANCH
Quad County Environmental Solutions, LLC (Quad County Landfill), Marshall County, Modification of Solid Waste Mgmt. Permit SW0470010580
MDEQ staff presented to the Board and recommended approval the above-referenced Application. Staff described the Quad County Landfill projects and discussed the dates of various public notices and hearings, reporting that the no public comments were received at the hearing. After answering some brief questions from the Board, MDEQ staff recommended issuance of the Permit and the Board approved.
Other Business
Roy Furrh, MDEQ Legal Counsel, informed the Board members that the evidentiary hearing regarding Mississippi State Port Authority – North Port Property in Harrison County, scheduled for May 12, 2020, has been postponed and will be rescheduled.
Mr. Furrh also reminded the Permit Board officer elections will be held during the June meeting.
The next Permit Board meeting will be held on June 9, 2020, 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.
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Mississippi Extends Tax Filing and Payment Deadlines to July 15, 2020
In Notice 80-20-002, May 5, 2020, the Mississippi Department of Revenue has advised that the due date for filing income tax returns and making first and second quarter estimated payments is extended t July 15, 2020, consistent with the Federal Covid extension. The notice applies to individual and fiduciary income tax returns and corporate income and franchise tax returns.
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Mississippi Commission on Environmental Quality
Summary of Meeting Held April 23, 2020
The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on April 23, 2020. This meeting was held through a telephone conference call. The public was invited to listen to the deliberations of the Commission on the conference phone line. The Commission first approved minutes from the previous meeting held on February 27. 2020. Then, following a prepared agenda, the Commission considered items as follows:
FY 2021 Underground Storage Tank Fee Recommendation
A public comment period concerning the FY2021 Underground Storage Tank (UST) Fee was held between February 12 through March 12, 2020 with the public notice information distributed to the Mississippi Petroleum Marketers and Convenience Store Association. No comments were received. Staff recommended and the Commission approved to set the fee at the proposed rate of $150.00 per UST, which is an increase of $50 from last year’s tank fee. The tank fee has been set at $100 per UST since 1998.
Environmental Covenant for Southland Oil Yazoo Bulk Plant
Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Interim Executive Director of MDEQ approved the Environmental Covenants between the Commission and Comet Street, LLC regarding the remediation of a former bulk plant located at 1184 Rialto Road in Yazoo City, Mississippi. The site operated as a bulk storage plant for diesel fuel and gasoline. Site assessments have revealed release(s) of diesel fuel and gasoline contaminating soils and groundwater at concentrations in excess of Target Remediation Goals. Remedial actions included the installation of a dual phase extraction system in 2006 and soil excavation in 2013. The staff of the MDEQ has evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained within; the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment. This agenda item is for reporting purposes only.
The next Commission meeting will be held on May 28, 2020, 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
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Mississippi Environmental Quality Permit Board
Summary of Meeting Held April 14, 2020
The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on April 14, 2020. This meeting was held through a telephone conference call. The public was invited to listen to the deliberations of the Board on the conference phone line. The Board first approved minutes from the previous meeting held on March 10, 2020 and the non-controversial actions/ certifications completed by the staff since the March meeting. Then, following a prepared agenda, the Board considered items as follows:
OFFICE OF GEOLOGY
James Matheney (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 |
Eutaw Construction Company | Panola | P16-016 | Additional 15% |
Eutaw Construction Company | Oktibbeha | P16-004 | Final 50% |
James Construction Group | Hinds | P14-005A | No Release |
Joe McGee Construction Co. | Tallahatchie | P16-029A | Initial 70% |
Wet Mine Assets Holding, LLC | Hancock | P04-008AT | Initial 50% |
Other Business
Roy Furrh, MDEQ Legal Counsel, informed the Board Members that the evidentiary hearing regarding Mississippi State Port Authority – North Port Property in Harrison County, scheduled for May 12, 2020, has been postponed and will be rescheduled. Steve Ray will be the hearing officer.
Mr. Furrh also reminded the Permit Board members that they need to complete their annual compliance forms and statement of economic interest forms and turn in their Designee Letters.
Mr. Furrh also discussed the upcoming May 12, 2020 Board meeting and stated that there are agenda items for which they expect persons to oppose Permit Board approval for these items. Mr. Furrh stated that holding the meeting via Zoom or WebEx is being considered in order to allow all interested persons to address the Board in an easier manner. MDEQ will announce the meeting format at a later date.
The next Permit Board meeting will be held on May 12, 2020, 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.
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CHAMBERS USA RECOGNIZES BRUNINI AMONG TOP LAW FIRMS IN MISSISSIPPI
The 2020 edition of Chambers USA, which lists leading law firms and individual lawyers in an extensive range of practice areas, jointly awarded high rankings to nine Brunini attorneys and six of the firm’s practice areas.
Chambers USA ranked six of Brunini’s practices, with the firm’s Energy & Natural Resources practice receiving the highest ranking possible in the state. The firm’s Construction, Commercial Litigation, and Environmental practices were also highly ranked.
Each year, Chambers USA conducts thousands of interviews and surveys with lawyers and their clients, as well as analyzes its own database resources, to determine rankings for top law firms and individual attorneys. The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment and other qualities valued by clients. Chambers USA ranks the top lawyers and law firms across all the United States of America.
A collective list of the nine Brunini attorneys recognized as among the best in their fields in Mississippi by Chambers USA include:
Construction:
Sam Kelly
Ron Yarbrough
Corporate/Commercial:
Walter Weems
Energy & Natural Resources:
James Halford
Watts Ueltschey
Gene Wasson
Environment:
John Milner
Gene Wasson
Litigation: General Commercial:
David Kaufman
Real Estate:
David Andress
EPA Issues Unprecedented Civil Enforcement Relaxation Policy Due to COVID-19
On March 26, 2020, U.S. EPA (EPA) announced a sweeping policy for relaxation of EPA enforcement of environmental non-compliance resulting from the COVID-19 pandemic (“COVID Enforcement Policy” or “Policy”). The Policy applies retroactively beginning on March 13, 2020. The expansive scope of the Policy’s enforcement relaxation discretion is widely perceived as being unprecedented in EPA history. The full text of the EPA Policy memorandum is available at: https://www.epa.gov/sites/production/files/202003/documents/oecamemooncovid19implications.pdf.
Policy “General Conditions”
If compliance is not “reasonably practicable” due to COVID-19, facilities with environmental compliance obligations should satisfy the following Policy “general conditions” in order for EPA to exercise its enforcement relaxation discretion (“General Conditions”):
- Minimize the effects and duration of any non-compliance caused by COVID-19;
- Identify the specific nature and dates of the non-compliance;
- Identify how COVID-19 was the cause of the non-compliance and the decisions and actions taken in response, including “best efforts” to comply and steps taken to come into compliance at the earliest opportunity;
- Return to compliance as soon as possible; and
- Document the information, action, or condition specified in (1) – (4) above.
EPA expects to focus largely on situations that “may create an acute risk or imminent threat to public health or the environment”. All ongoing enforcement matters will continue.
Primary compliance categories to which the Policy is applicable
The COVID Enforcement Policy addresses the following major compliance categories that are generally relevant to Mississippi facilities: (1) routine compliance monitoring and reporting, (2) facility operations and (3) critical infrastructure.
The Policy also addresses (1) public water systems regulated under the Safe Drinking Water System, (2) EPA settlement agreement and consent decree reporting obligation and milestones and (3) programs that EPA implements directly rather than by MDEQ. Those portions of the Policy are not addressed in this article since they are not generally applicable to Mississippi facilities.
I. Routine compliance monitoring and reporting
EPA has determined that the COVID-19 pandemic may constrain the ability of facilities to perform the following environmental obligations:
- Routine compliance monitoring – including CEMS and stack tests, relative accuracy test audits, LDAR monitoring, fence line monitoring, RICE readings and monitoring, tank and piping inspections, assessments, or stormwater inspections;
- Integrity testing – including tank integrity testing (e.g., API 653) for compliance with certain “good air pollution control practices”;
- Sampling – including effluent sampling and testing, as well as cooling tower sampling;
- Laboratory analysis – including laboratory holding times and turn-around times;
- Training – including SPCC training, hazardous waste trainings, CAA section 129 renewals, and other annual re-certifications; and
- Reporting and certification – including reports and certifications associated with delayed activities described above, and late reports under permits or other regulatory obligations, including TRI and greenhouse gas inventory reporting.
If reporting is not “reasonably practicable” due to COVID-19, Mississippi facilities should maintain this information internally and make it available to MDEQ upon request. In general, EPA does not expect to seek penalties for violations of these obligations in situations where (1) EPA agrees that COVID-19 was the cause of the non-compliance and (2) the facility provides supporting documentation to EPA upon request. After the Policy is no longer in effect, EPA does not plan to ask facilities to “catch-up” with missed monitoring or reporting if the underlying requirement applies to intervals of less than three months.
II. Facility operations
With regard to COVID-19 impacts on facility operations, the Policy includes the following key provisions:
- Facilities should contact MDEQ if facility operations impacted by the COVID-19 pandemic may create an acute risk or an imminent threat to human health or the environment. In Mississippi, EPA’s first step after this contact will be to consult with MDEQ to discuss measures to minimize or prevent the acute or imminent threat to health or the environment from the COVID-19-caused non-compliance.
- If a facility suffers from failure of air emission control or wastewater or waste treatment systems or other facility equipment that may result in exceedances of enforceable limitations on air emissions, water discharges, land disposal, or other unauthorized releases, the facility should notify MDEQ as quickly as possible. The notification also should include (1) information on the pollutants emitted, discharged, discarded, or released; (2) the comparison between the expected emissions or discharges, disposal, or release and any applicable limitation(s); and (3) the expected duration and timing of the exceedance(s) or releases. EPA will consult with MDEQ to determine the appropriate response.
- If a facility is a generator of hazardous waste and, due to disruptions caused by the COVID-19 pandemic, is unable to transfer the waste off-site within the time periods required under RCRA to maintain its generator status, the facility should continue to properly label and store such waste and comply with the Policy’s General Conditions (see above). If these steps are met, EPA will treat these facilities as “hazardous waste generators”, and not “treatment, storage and disposal” (TSD) facilities. In addition, EPA will treat “Very Small Quantity Generators” and “Small Quantity Generators” as retaining that status, even if the amount of hazardous waste stored on site exceeds a regulatory volume threshold due to the facility’s inability to arrange for shipping of hazardous waste off of the facility site due to the COVID-19 pandemic.
- If a facility is an animal feeding operation, and, due to disruptions caused by the COVID-19 pandemic, is unable to transfer animals off-site and, solely as a result of the pandemic, meets the regulatory definition of concentrated animal feeding operation (CAFO), EPA will not treat these animal feeding operations as CAFOs (and will also not treat small CAFOs as medium CAFOs or medium CAFOs as large CAFOs).
III. Critical infrastructure
In situations where a facility is an “essential critical infrastructure”, EPA may consider a more “tailored” short-term “No Action Assurance” if EPA determines that is in the public interest. Such determinations are made on a case-by-case basis by EPA’s Office of Enforcement and Compliance (OECA) Assistant Administrator – Susan Bodine (who issued the Policy memorandum). EPA will consider “essential” the facilities that employ “essential critical infrastructure workers” as determined by guidance issued by the Cybersecurity and Infrastructure Security Agency.
Exclusions from the Policy
The Policy does not provide EPA compliance enforcement discretion regarding:
- Accidental releases;
- Criminal violations;
- Superfund and RCRA corrective action; and
- Imports
Policy modifications/updates and termination
EPA will assess and update the Policy as needed and post a notification at https://www.epa.gov/enforcement/enforcement-policy-guidance-publications at least seven days prior to terminating the Policy.
If you have any questions concerning the COVID Enforcement Policy or related issues, please feel free to contact John Milner at jmilner@brunini.com or at (601) 960-6842.