April 21, 2023 -- The Environmental Defense Alliance files suit against the Alabama Department of

Environmental Management and its Director seeking review of ADEM's determination that written

deliberative communications are not subject to the Alabama Open Records Act or ADEM's official records

rule. (Click on the image to the right to view the Petition for Review).

Mar. 31, 2023 -- The Alabama Department of Environmental Management formed a working group to

investigate the State's response to the Environmental Landfill, Inc. waste disposal site fire and the need for

additional legislative authorities. The Environmental Defense Alliance submitted written comments to the

working group arguing that ADEM's existing legislative authority is sufficient to require permitting of

vegetative waste disposal sites and that additional legislative authority is not required. (Click on the image

to the right to view the comments).

Feb. 10, 2023 -- The Environmental Defense Alliance addresses the

Environmental Management Commission on ADEM's mistaken

interpretation of the State's Solid Wastes and Recyclable Materials

Management Act and the failure of ADEM to regulate the Environmental Landfill, Inc. waste

disposal site. (Click on the image to the left to view the presentation).

Nov. 25, 2022 -- The Moody Fire Department responds to the first call reporting a fire at the Environmental Landfill, Inc. waste disposal

site in Moody, Alabama. The Moody Fire Department described the burning waste pile as up to 25 acres in size, comprised of many

layers of dead and decaying trees and other matter loosely covered with dirt. The waste pile is estimated to be 100-150 feet deep in

some places.

The Alabama Department of Environmental Management said the landfill was not regulated or permitted because landfills disposing

of vegetative waste only are not subject to the State's Solid Wastes and Recyclable Materials Management Act.

Dec. 1, 2022 -- EPA grants the Alliance petition for Florida but takes no action with respect to the Alabama

petition. EPA gave Florida notice that it will propose federal water quality criteria for toxics in Florida waters

in December, 2023 if the State does not adopt approvable new and revised criteria for toxics. (Click on the

image to right to view EPA's decieion). EPA took no action with respect to Alabama's water quality criteria.

EPA's inaction on the Alabama petition makes EPA vulnerable to a lawsuit for unreasonable delay.

Jan. 19-20, 2022 -- The Alliance and other environmental organizations filed petitions with EPA for

determinations that water quality criterai adopted by Alabama and Florida to limit toxic pollution are not

adequate to protect human health, swimming, and fish consumption uses of surface waters.

Oct. 11, 2023 - The Montgomery County Circuit Court ruled that records of the Alabama Department of

Environmental Management that are deliberative in nature are not exempt from disclosure under the

State's Open Records Act or ADEM's open records rule. Deliberative records are generally internal agency

communications containing deliberations on agency policy. ADEM argued that making these deliberative

records public would cause agency personnel to cease engaging in candid internal discussions of agency

policy and result in poor quality decisions. The Court disagreed. The ground-breaking ruling, which has

implications for all State agencies, has been stayed pending an appeal by ADEM to the Alabama Court of

Civil Appeals. Click on image to the right to read the decision.