Surface coal mining in Appalachia is coming under increasing scrutiny from citizens' groups, state and federal regulators, and the courts. The Environmental Protection Agency’s Appalachian surface coal mining initiatives are some of the most controversial environmental actions taken by the Obama administration. These initiatives have a substantial impact on permitting under Sections 402 and 404 of the Clean Water Act. Initially termed "enhanced coordination procedures," EPA’s actions have slowed to a crawl both NPDES and Section 404 permits. These policies also affect states such as Tennessee, even though mountaintop removal and valley fills are no longer allowed there.

In this informative 90-minute presentation, Stites & Harbison PLLC attorneys W. Blaine Early, William Gorton, and William Penny, who represent mining companies and the industry in Appalachian states, will discuss key issues designed to help you:

• Understand the basic practice of mountaintop removal mining and associated valley fill
• Identify recent initiatives of EPA, the U.S. Army Corps of Engineers, Office of Surface Mining, and state regulatory agencies
• Learn about the impact on Clean Water Act Section 402 and 404 permits, including increased regulatory requirements and permitting delays
• Analyze the validity and appropriateness of Clean Water Act permit limits for specific conductance as well as mining-related heavy metal water pollutants, including selenium
• Address recent case law, including Kentucky Riverkeeper v. Midkiff, National Mining Association v. Jackson, Ohio Valley Environmental Coalition v. Coal-Mac, and Ohio Valley Environmental Coalition v. Patriot Coal

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a Bloomberg BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
• Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

• Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
• CLE credits will be available for this EHS Webinar.

W. Blaine Early III, William T. Gorton III, and William L. Penny, Stites & Harbison PLLC

W. Blaine Early III is a member of Stites & Harbison PLLC, in the firm’s Lexington, Ky., office where he practices in the Environmental, Natural Resources, and Energy Service Group. His practice covers a range of environmental law, sustainability, and related administrative actions and litigation, that address issues including the Clean Water Act, mining and reclamation, and agricultural aspects of environmental law. Blaine is listed in Best Lawyers in America. He currently is a co-vice chair of the American Bar Association’s Water Quality and Wetlands Committee. He authors a blog on sustainability at SustainabilityLawTalk.com. In 2010, Blaine’s article, Property Rights in a Sustainable World: More than Minerals and Surface, was published in the 30th Annual Institute of the Energy & Mineral Law Foundation, in addition, Blaine co-authored a paper with Bill Gorton, Environmental/Reclamation Financial Assurance: Back to the Future, for the 56th Annual Rocky Mountain Mineral Law Institute.


William T. Gorton III is a member of Stites & Harbison PLLC, and is based in its Lexington, Ky. office. He is a member of the firm’s Environmental, Natural Resources & Energy Service Group. Bill is national counsel to numerous clients on natural resource, environmental regulatory, and land and water resources matters. He is counsel to numerous mining companies in regulatory, transactional, and operational issues. He has been counsel in the development of more than 10 power plants and routinely advises on fuel supply and ash utilization issues. He has been lead counsel to numerous surety companies regarding close to $2 billion in financial guarantees on mining and mineral processing operations, hazardous waste facilities, and solid waste disposal facilities and has coordinated the reclamation of hundreds of mines throughout the United States.


William L. Penny is a member of Stites and Harbison PLLC and is based in its Nashville, Tenn. office. He is a member of the firm’s Environmental, Natural Resources & Energy Service Group. He has nearly 30 years experience in environmental, energy, and resources law. He is counsel to the Tennessee Mining Association and regularly represents surface coal mining operations in defending Clean Water Act citizen suits, permit appeals, as well as state and federal enforcement, and has actively negotiated permits involving selenium limits as well as EPA’s conductivity benchmarks as provided in recent EPA guidance documents. He is named in The Best Lawyers in America® in the categories of Administrative/ Regulatory Law, Environmental Law, Environmental Litigation and Water Law for 2012, and Chambers USA, "America's Leading Lawyers in Business". He has also been selected multiple times as "Best of the Bar" by the Nashville Business Journal and is named in the Mid-South Super Lawyers.