USA – ALABAMA Law and Practice Contributed by: John M. Johnson, Lana A. Olson, W. Larkin Radney IV and Brian P. Kappel, Lightfoot, Franklin & White, LLC
Lightfoot, Franklin & White LLC The Clark Building 400 20th Street North Birmingham Alabama 35203 USA
Tel: +1 205 581 0700 Fax: +1 205 581 0799 Email: pmccauley@lightfootlaw.com Web: www.lightfootlaw.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws Alabama follows Environmental Protection Agency (EPA) guidelines and has programmes to ensure prop- er environmental management in all areas. Most envi- ronmental programmes are managed by the Alabama Department of Environmental Management (ADEM). Alabama’s state environmental statutes are collected in Title 22 of the Alabama Code of 1975. Some cities, such as Birmingham, Mobile, Huntsville and others have environmental programmes focused on their municipal jurisdictions. ADEM was established in 1982 by the Alabama Envi- ronmental Management Act. It was formed to con- solidate air, water and land pollution oversight into one agency. It also oversees coastal management, mining reclamation, water well management and pub- lic health issues related to environmental exposure. It co-ordinates with the Alabama Department of Public Health (ADPH) on issues like fish consumption adviso- ries and water quality that could affect public health. ADPH oversees radiation protection and licensing through its Office of Radiation Control. ADEM admin- isters all major federal environmental laws in Alabama. The Alabama Oil and Gas Board regulates oil and gas exploration and environmental practices at explora- 2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
tion sites. The Alabama Department of Conservation and Natural Resources plays a role in coastal man- agement and resource protection. Although ADEM administers federal laws and regulations, EPA Region 4 has jurisdiction for oversight and enforcement. Some larger counties such as Jefferson County have primary permitting authority for certain Clean Air Act programmes within its borders. 2.2 Co-Operation Although ADEM is responsible for compliance and enforcement, it has programmes available to assist permit applicants or holders. It holds frequent meet- ings around the state on issues like permits applica- tions, surface water programmes and issues periodic news releases. Its website provides forms, public records and notices of public events. It also invites public reporting and complaints. ADEM manages a Brownfields/Voluntary Cleanup Programme that allows site remediation under agency oversight. Upon satisfactory completion, participants may receive lia- bility assurances (eg, covenants not to sue) that can benefit owners and prospective purchasers. Alabama also recognises an environmental audit privilege and limited immunity framework for qualifying self-audits and timely corrective actions, subject to exceptions (eg, where there is imminent and substantial endan- germent, criminal conduct or repeated non-compli- ance).
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