Environmental Permitting in Mississippi

Obtaining environmental permits in Mississippi is made easier by the fact that most permits are issued by the Mississippi Department of Environmental Quality (“MDEQ”) and can be obtained from the office located in Jackson. Although not actually defined as one-stop permitting, the permitting process is not complicated. Senior agency management is accessible for thorough, open communication and decision-making.  In addition to permits obtained from MDEQ, other agencies issuing environmental permits are the Mississippi Oil and Gas Board, the Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi Department of Archives and History, and the U.S. Army Corps of Engineers.  These agencies have a close working relationship with MDEQ and each other.  Mississippi’s environmental regulators are professional and committed to their mandate of environmental protection; however, they perform their duties with an awareness of the importance of business and industry to the Mississippi.

MDEQ Executive Director Trudy Fisher is appointed by the Governor. Reporting to Ms. Fisher are four offices, each headed by a director:  Office of Pollution Control (inclusive of Surface Water Division, Air Division, Groundwater Assessment and Remediation Division, Field Services Division, Environmental Permits Division, and Environmental Compliance and Enforcement Division), Office of Land and Water Resources (inclusive of Surface Water, Permitting and Monitoring, Ground Water, Water Resources Data Management, and Planning and Policy), Office of Geology (inclusive of Surface Geology Division, Environmental Geology Division, Flood Mapping of Mississippi, Geospatial Resources Division, Mining and Reclamation Division, Coal Mining Division) and Office of Administrative Services (inclusive of Accounting, Budgeting, Human Resources, Payroll, Purchasing, Grants Administration, Information Technology Division, and Support Services).

The Governor also appoints the seven members of the Commission on Environmental Quality (“CEQ”) who serve seven-year, staggered terms. The CEQ is empowered to formulate MDEQ policy, enforce rules and regulations, receive funding, conduct studies for using the State's resources, and discharge duties, responsibilities and powers as necessary.  In addition, the CEQ has authority to hold hearings, enter orders and assess penalties against alleged violators.  Miss. Code Ann. §§ 49-17-1 through 49-17-43, as well as §§ 17-17-1 through 17-17-67 create the CEQ and much of its authority.  The same statutes create the Environmental Quality Permit Board (“EQPB”), a board composed of a technical member of the staff of the Office of Geology, the Office of Land and Water Resources, the Department of Agriculture and Commerce, the State Oil and Gas Board, the Department of Health, and two from the Department of Wildlife, Fisheries and Parks.   The EQPB meets bimonthly and has authority to issue, reissue, modify, revoke or deny permits regarding air and water pollution as well as solid and hazardous waste.  Permits issued by the MDEQ must be approved  by the EQPB.