STEVEN BURNS is a Partner in the Environmental and Natural Resources section of Balch & Bingham LLP. He represents utilities, industrial clients, developers, financial institutions, land owners, waterway users, and businesses in the following areas:
· Environmental Compliance and Permitting: Counsel clients to meet business objectives in compliance with state and federal environmental laws, including climate change requirements, the Clean Air Act, the Clean Water Act, wetlands, the Endangered Species Act, CERCLA, RCRA, the Coastal Zone Management Act, and groundwater regulations.
· Federal Legislation and Regulations: Counsels clients with respect to Congressional and agency actions, drawing on nine years of Congressional, legal, and lobbying experience in Washington, D.C.
· Homeland Security: Advise clients on security standards and regulations of the Department of Homeland Security, especially with respect to infrastructure, transportation, energy, and environmental issues.
· Agency Practice: Represent clients before state and federal regulatory agencies, including EPA, ADEM, the Fish and Wildlife Service, the Corps of Engineers, FERC and the Department of Homeland Security.
· Environmental Litigation: Represent clients before state and federal courts and in administrative proceedings.
· Mergers and Transactions: Perform environmental due diligence and document review for corporate mergers, asset acquisitions, and real estate transactions.
Prior to joining Balch & Bingham, Mr. Burns worked for U.S. Senator James R. Sasser (D-TN) on the staff of the U.S. Senate Governmental Affairs and Budget Committees; as director of rapid response for a U.S. Senate campaign; and as an associate at Van Ness Feldman, a Washington, D.C. law firm which concentrates on energy and environmental affairs.
Representative Experience
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Counsel an electric utility on responding to a EPA request for information under Section 114 of the Clean Air Act, including protections for confidential information.
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Advise business client on protections from terrorism liability available under the SAFETY Act.
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Draft responses to EPA requests for information on ash ponds at electric utility generating plants
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Advise a business client on the potential application and compliance strategy for anti-terrorism standards for chemical facilities issued by the Department of Homeland Security.
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Perform environmental due diligence and review in support of prospective purchases of merchant-owned gas-fired electric generating units.
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Advise an electric utility with respect to proposals for underground sequestration of carbon dioxide emissions, including federal guidelines and state law requirements.
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Advise developers and commercial clients on how to structure new developments in or near wetlands, coastal areas, and endangered species habitat, to minimize and avoid environmental compliance burdens and litigation risks.
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Review environmental documents for numerous real estate transactions on behalf of financial institutions, purchasers, and sellers, for purposes of identifying CERCLA and brownfields issues and other environmental issues.
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Advise industrial clients on the proper response to a discovery of potential spills or contamination, including the rapid determination of potential reporting obligations.
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Provide advice and information to business clients and coalitions regarding the content and status of federal legislation to amend environmental laws, including the Endangered Species Act, Clean Water Act, and climate change programs.
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Advise business clients on federal budget issues, including appropriations, parliamentary procedure, and allocation of funds within and among executive branch agencies.
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Draft and file comments with the U.S. Fish and Wildlife Service regarding proposals for critical habitat designation for threatened and endangered species in the vicinity of client operations.
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Advise clients with respect to NEPA compliance for activities requiring a wetlands permit or other federal approvals.
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Advise utility and industrial clients with respect to new source review requirements which may apply upon construction or modification of facilities.
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Represent a manufacturer in the negotiation of a contract for the sale of environmental attributes generated by the use of wood waste biomass and black liquor as an energy source.
PROFESSIONAL ACTIVITIES
- American Bar Association, Environment, Energy, and Resources Section
- Energy Bar Association
- Birmingham Bar Association
- Air and Waste Management Association
COMMUNITY RELATIONS
- Member, Independent Presbyterian Church