Steven A. Burns

Right now, coal ash is the big one, with efforts to get ready for the new Coal Combustion Residuals (CCR) and Clean Water Act (CWA) requirements. Every plant is unique when it comes to CCR and wastewater management. The design, engineering, and construction involved are massive. Add to that very little regulatory guidance and a threat of citizen suit litigation. It can be daunting.

Federal agencies are driving a growing concern about chemicals and fuels. The West Texas fertilizer explosion has had continuing fallout, with a number of federal programs changing and expanding. That is resulting in new proposed regulations and enforcement actions.

Waterway issues are another constant. We have a waterway infrastructure that is severely underfunded and under attack from citizen groups.

Any change in administrations presents opportunities and challenges. You would expect a new Republican administration to be open to considering a business perspective on environmental programs, and there’s every appearance of following that pattern so far. Still, each administration is different. We’ll have to see how the nominations and appointments play out in the Senate and at the agencies, and from there how that translates to policy and how engaged the White House wants to be on environmental regulation.

I wouldn’t expect any immediate change in federal enforcement, but it could shift over time. I see no reason for citizen suits not to continue, and they may pick up if there’s a perception of a lower priority for governmental enforcement.

My 10 years in Washington, D.C. I worked in the U.S. Senate while attending law school in the evenings, and then I was an associate at an energy and environmental law firm that was actively engaged in lobbying and regulatory matters. That experience gave me a sense of how to approach agencies or even the legislature with the clients’ interests. Government programs can seem arbitrary, but they are coming from a specific legal, policy, and political context. When you understand that, you can plan better on the front end and respond more effectively when the unexpected happens.

The most exciting aspect of my job is spending time with the people who are out there doing things and building things for their companies. It always helps me understand the task better when I know where my clients are coming from, both personally and from a business perspective.

A close second would be anything in the field or at a plant. To see a process in person makes a huge difference in understanding how compliance mandates integrate in the real world. Also, I spend a lot of time behind a desk, in meetings or on the phone, so any day I need a hard hat is a good day. It means I’m outside, and I’m seeing something new.