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
13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Alabama does not have comprehensive state-wide climate change laws related to reduction of carbon emissions or climate change, but participates in fed- eral efforts related to air quality, such as the Clean Air Act. In fact, the director of ADEM is prohibited by stat- ute from proposing or promulgating new regulations intended to reduce greenhouse gases from specific sectors unless such reductions are required under existing statutes. The statute also prohibits the ADEM director from submitting to the EPA or any other fed- eral agency any legally enforceable commitments with respect to greenhouse gas reduction, unless required by law (Ala. Code §22-28A-3). The statutory prohibi- tion does not, however, prohibit voluntary activities related to greenhouse gas emissions. 13.2 Targets to Reduce Greenhouse Gas Emissions In March 2024, Alabama announced its Preliminary Climate Action Plan (PCAP) that seeks to reduce greenhouse gas emissions by 25% over the next 25 years through voluntary activities using federal funds. Alabama also has various initiatives and incentive pro- grammes available to promote the reduction of green- house gas emissions. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs ADEM implements and enforces the asbestos NES- HAP in Alabama, including notification, work prac- tice and waste-handling requirements for demolition and renovation projects. Alabama requires licensing/ credentialing for asbestos abatement professionals, including training and record keeping. Civil personal injury litigation arising from historical asbestos expo- sures occurs in Alabama, but with far less volume and frequency than many jurisdictions. PCB waste is regulated under federal TSCA; ADEM oversees related industrial solid waste management
and disposal at permitted facilities consistent with federal requirements. Oil and gas PCB wastes are managed under ADEM and AOGB oversight as appli- cable. Fish consumption advisories for PCBs related to historical manufacturing and disposal sites exist in several Alabama waterways. 15. Waste 15.1 Key Laws and Regulatory Controls Alabama’s waste management programmes cover a wide variety of materials and sources, ranging from hazardous and non-hazardous solid and liquid waste to medical waste, metal and scrap, and other industry wastes. These programmes generally follow federal and EPA standards. Additionally, industrial operators typically require advance permits, which require meet- ing specific operational standards. ADEM sets and enforces key regulatory limits for these industries. 15.2 Retention of Environmental Liability Facilities and other generators of waste may be liable under Alabama law for mismanaged disposal of their wastes if found to be negligent or if environmental injury is attributable to those entities under common law principles. Recent lawsuits have sought to extend that liability to manufacturers of products with knowl- edge that their products could or would more likely than not be disposed of safely or without endangering the environment. Federal standards concerning waste disposal apply in Alabama, and both state and federal regulatory programmes impose continuing duties on facilities and other waste generators to avoid damag- ing releases during the disposal process. 15.3 Circular Economy Requirements Alabama does not impose any specific requirement on manufacturers of goods to take back and recycle or dispose of those goods after sale. However, Ala- bama does offer many ADEM-sponsored or funded recycling programmes, and ADEM further encourages municipalities and other local governments to create their own recycling programmes through grants and various other incentives. Similar funding is available for private recycling centres. Alabama’s solid waste management plan also targets illegal dumping, further promoting recycling initiatives.
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