Practice Areas & Industries: Burr & Forman LLP


Environmental, Land Use, Planning & Zoning Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group

Practice/Industry Group Overview

The Environmental Practice Group provides environmental advice and services associated with all aspects of business planning, development, and operation.

The group seeks to assure compliance with statutory and regulatory requirements and thereby avoid enforcement actions and litigation. Our area of services are described below:

Permitting Requirements & Options
Identify requirements and options for permits and authorizations necessary for business operation including air emissions controls, water withdrawals, wastewater discharges, and waste management. Advise clients on all facets related to permits and authorizations.

Stormwater Management
Advise clients on stormwater management requirements, including permits, throughout construction and in their daily operations.

Recycling Requirements

  • Environmental site assessment review

Ensure compliance with site assessments primarily associated with innocent purchaser protections available under federal Superfund and similar state laws.

  • Brownfield redevelopment and voluntary property remediation

Secure limitations on liability for prospective purchasers and operators of property.

  • Due diligence investigations of prospective acquisitions

Provide advice on investigations of environmental aspects of real property and business operations prior to acquisition.

  • Wetlands protection and development

Identify regulated wetlands and advise on compliance with requirements for development or protection of wetlands.

Regulatory Compliance
Advise clients on air, water, and waste compliance obligations.

  • Planning and Zoning

Identify and obtain necessary land use approvals and variances under local government zoning codes, regional development impact planning regimes, and state and federal environmental policy regulations.

  • Project management

Assist with applicable environmental requirements associated with a particular project.

We serve as counsel on various types of projects, including:

  • Wind and solar power
  • Mining and energy development
  • Electric power generation, including peaking power sources
  • Industrial development authorities
  • Iron and steel manufacture
  • Automobile manufacture
  • Local governments, including utilities boards
  • Greenfield development
  • Brownfield development
  • Construction activities

Articles Authored by Lawyers at this office:

EPA Releases Annual Environmental Enforcement Results
Scott E. Hitch, March 03, 2015
December 18, 2014, marked the release of the U.S. Environmental Protection Agency’s (EPA) annual environmental enforcement and compliance results. SeeNews Release, U.S. Environmental Protection Agency, EPA Announces 2014 Annual Environmental Enforcement Results (Dec. 18, 2014). According to...

New Year Brings New Coal Ash Regulations and New Legislative Proposals
Scott E. Hitch, March 03, 2015
December 19, 2014 marked the deadline for the Environmental Protection Agency (EPA) to announce its final decision regarding a new regulatory scheme for coal ash disposal (Coal Combustion Residuals or CCR). The new regulations are to focus on the disposal of coal ash.

Winter Draws Mixed Opinions Regarding Fracking
Scott E. Hitch, March 03, 2015
Fracking received much attention and debate in the fourth quarter. Fracking is the process of injecting large amounts of water, sand and chemicals into the ground at high pressures in order to release oil and natural gas into underground rock formations.

Environmental Issues and The Republican Majority
Ronald W. Farley, February 16, 2015
Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the economy. Interest groups are extending these efforts to enlist State...

Coal Ash Regulation Update
Ronald W. Farley, January 10, 2015
The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a conclusion. The deadline for EPA to announce a final...

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds
Ronald W. Farley, November 14, 2014
EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on comments in a letter originating from EPA’s Region...

Dealing With NIMBYs in Local Land Use and Environmental Approval
Vivien J. Monaco, November 12, 2014
A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the applicant thinks he or she is in good shape going into the public hearing...

Current Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay
Ronald W. Farley, August 06, 2014
An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold annually in the U.S. This Renewable Fuel Standard (RFS) has drawn...

Recent Projects Indicate Oppertunities for Redevelopment of Brownfields
Ronald W. Farley, June 18, 2014
Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. As individuals and companies around the nation began to reassess the impacts...

EPA Revises Construction and Development Stormwater
Ronald W. Farley, May 30, 2014
In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category. The March revision withdrew the numeric turbidity effluent limitation and monitoring requirement and made certain other changes...

Supreme Court Upholds EPA Rule Limiting Cross-State Pollution
John A. Schifino, May 15, 2014
The Supreme Court handed the Obama administration a victory on Tuesday, April 29, 2014, when it injected new life into an Environmental Protection Agency rule targeting air pollution that drifts across state borders.