Ala. Code
Code of Alabama

Ala. Code § 22-22A-6 (2026)

Environmental Management Commission; Powers and Duties; Composition; Meetings; Compensation; Expenses; Ethical Requirements.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) There is hereby created a seven member Environmental Management Commission of the Alabama Department of Environmental Management which shall have the following duties:

(1) To select a director for the Department of Environmental Management and to advise the director on environmental matters which are within the department’s scope of authority;

(2) To establish, adopt, promulgate, modify, repeal, and suspend any rules, regulations, or environmental standards for the department which may be applicable to the state as a whole or any of its geographical parts;

(3) To develop environmental policy for the state; and

(4) To hear and determine appeals of administrative actions.

(b) The Environmental Management Commission shall be composed of seven members who are citizens of the State of Alabama. Initial members of the commission shall be appointed to places on the Environmental Management Commission by the Governor, Lieutenant Governor, and Speaker of the House of Representatives pursuant to the procedure set out in subsection (d) with the advice and consent of the Senate. Initial appointments shall be made on or before October 1, 1982. All subsequent appointments to places on the Environmental Management Commission after the initial appointments shall be made by the Governor with the advice and consent of the Senate. No member of the Environmental Management Commission may serve more than a total of 18 years. When a vacancy occurs during a period when the Legislature is not in session to advise and consent, such appointee shall have the full power of the office until and unless the Senate, upon the reconvening of the Legislature, shall by affirmative vote refuse to consent in such appointment. Qualifications of the seven members shall be as follows:

(1) One member shall be a physician licensed to practice medicine in the State of Alabama and shall be familiar with environmental matters;

(2) One member shall be a professional engineer registered in the State of Alabama and shall be familiar with environmental matters;

(3) One member shall be an attorney licensed to practice law in the State of Alabama and shall be familiar with environmental matters;

(4) One member shall be a chemist possessing as a minimum a bachelor’s degree from an accredited university or a veterinarian licensed to practice veterinary medicine in the State of Alabama and shall be familiar with environmental matters;

(5) One member who is certified by the National Ground Water Association Certification Program or is a professional geologist;

(6) One member shall be a biologist or an ecologist possessing as a minimum a bachelor’s degree from an accredited university and shall have training in environmental matters; and

(7) One member shall be a resident of the state for at least two years but shall not be required to have any specialized experience.

(c) At the expiration of the terms of all members initially appointed, their successors shall be promptly appointed by the Governor for terms of six years. The Governor shall coordinate his or her appointments to assure commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. At the expiration of a term of office or in the event of a vacancy on the Environmental Management Commission, the Governor shall promptly make an appointment to fill the vacancy. The expiring term of an incumbent member shall be continued until an appointment is made.

(d) Provided however that the initial appointments to the Environmental Management Commission shall be made as follows notwithstanding the other provisions of this chapter:

(1) The Governor shall appoint three members of the Environmental Management Commission, two of whom shall come from the voting members of the boards or commissions abolished by this chapter. The Governor’s three initial appointments shall fill the positions described in subdivisions (4), (6), and (7) of subsection (b). The terms of these initial position appointments shall be for six years.

(2) The Lieutenant Governor shall appoint two members of the Environmental Management Commission, one who shall come from the voting members of the boards or commissions abolished by this chapter. The Lieutenant Governor’s appointments pursuant to this subsection shall fill the positions described in subdivisions (1) and (5) of subsection (b). The term of the initial position described in subdivision (1) of subsection (b) shall be for four years. The term of the initial position described in subdivision (5) of subsection (b) shall be for two years.

(3) The Speaker of the House of Representatives shall appoint two members of the Environmental Management Commission, one who shall come from the voting members of the boards or commissions abolished by this chapter. The Speaker of the House of Representatives’ appointments pursuant to this subsection shall fill the positions described in subdivisions (2) and (3) of subsection (b). The term of the initial position described in subdivision (2) of subsection (b) shall be for four years. The term of the initial position described in subdivision (3) of subsection (b) shall be for two years.

(e) The Environmental Management Commission shall select a chair from among its members, and the chair’s term of office shall be determined by the Environmental Management Commission, but shall not exceed three consecutive years. The Environmental Management Commission shall not take official action unless a quorum is present. A quorum shall be any four of the seven members. Recusal of a member shall not affect the quorum.

(f) The Environmental Management Commission shall meet regularly, at least once every two months at times and places to be fixed by the Environmental Management Commission. Special meetings may be called at the discretion of the chair of the Environmental Management Commission and special meetings shall be called by him or her on written request of any four members to take up any matters within the jurisdiction of the Environmental Management Commission. All members shall be notified of the time and place of any regular or special meeting in writing or by telegram to a member’s last known address as provided to the department or by telephone.

(g) Any member of the Environmental Management Commission who misses three consecutive regularly scheduled meetings shall immediately cease to be a member of the commission and the Governor shall promptly appoint a new member with appropriate qualifications to fill the remainder of the term.

(h) The Environmental Management Commission shall keep a complete and accurate record of the proceedings of all its meetings, a copy of which shall be kept on file in the office of the director and open to public inspection.

(i)(1) Each member shall receive one hundred dollars ($100) per day for each day of attendance at an official meeting. Members of the Environmental Management Commission shall be reimbursed for expenses when attending meetings which are approved and certified by the director. Reimbursement shall be in accordance with Sections 36-7-1 through 36-7-42.

(2) All proper expenses of the Environmental Management Commission shall be paid from the appropriations to or funds of the department in the same manner as expenses of the department are paid.

(j) Members of the Environmental Management Commission shall meet all requirements of the state ethics law and the conflict of interest provisions of applicable federal laws and regulations.

(Acts 1982, No. 82-612, p. 1111, §6; Act 2018-454, §1.)

Notes of Decisions
Cited in 11 cases, 1987–2018 · leading case: Ex Parte Sierra Club, 674 So. 2d 54 (Ala. 1995).
Sort: Relevance Newest Treatment
Ex Parte Sierra Club, 674 So. 2d 54 (Ala. 1995). · cites it 7× “, whether they were appointed and confirmed in violation of Ala.Code 1975, § 22-22A-6. The question whether Hicks, Carter, and Lester were properly or improperly appointed and confirmed strikes directly at the heart of their qualifications for those offices.”
North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “§ 7607 (b)(1), while Alabama and Tennessee laws provide for similar administrative and judicial appeals of state permitting decisions, see Ala.Code §§ 22-22A-6(a)(4), 22A-7(c)(6); Tenn.”
Brunson Const. & Environ. Serv., Inc. v. City of Prichard, 664 So. 2d 885 (Ala. 1995). · cites it 2× “Review of the recalculated permitted volume shall then proceed in compliance with the procedures established by Ala.Code 1975, §§ 22-22A-6 and -7, for reviewing the "administrative actions" of ADEM.”
Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 114 So. 3d 47 (Ala. Civ. App. 2012). · cites it 2× “’ Ala.Code 1975, §§ 22-22A-6(a)(3) and (4) and 22-22A-7(c).”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). “Code 1975, §§ 22-22A-5(3) and 22-22A-6(a)(3) ; that, according to § 22-22A-6(a)(3), it is the duty of the EMC to develop environmental policy for the state; and that, because the director or one of his predecessors, rather than the EMC, developed and adopted the documents, the…”
Sierra Club v. Alabama Env't Mgmt. Comm'n, 627 So. 2d 927 (Ala. 1993). “any rules, regulations or environmental standards for the department,” § 22-22A-6(a)(2). Thus, these entities have responsibility for adopting a numeric standard for the acceptable level of dioxin in state waters.”
Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 71 So. 3d 673 (Ala. Civ. App. 2011). · cites it 2× “” Ala.Code 1975, §§ 22-22A-6(a)(3) and (4) and 22-22A-7(c).”
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). · cites it 3× “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). · cites it 3× “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
Marshall Durbin & Co. of Jasper v. Env't Mgmt. Comm'n, 519 So. 2d 962 (Ala. Civ. App. 1987). · cites it 4× “Ala. Code (1975), § 22-22A-6(a). In April 1985 Durbin petitioned the Commission to amend that section of the Alabama Water Quality Criteria and Use Classification which requires the use of the 7Q10 standard for design flow criteria.”
United States v. Gulf States Steel, Inc., 54 F. Supp. 2d 1233 (N.D. Ala. 1999). “Code 1975, provides that any person who is “aggrieved by an administrative action of [ADEM]” is entitled to a hearing before the Environmental Management Commission (“EMC”), an administrative body that has the duty to, among other things, hear and determine appeals of…”
— Ala. Code § 22-22A-6(a) — 1 case
Marshall Durbin & Co. of Jasper v. Env't Mgmt. Comm'n, 519 So. 2d 962 (Ala. Civ. App. 1987). “Ala. Code (1975), § 22-22A-6(a). In April 1985 Durbin petitioned the Commission to amend that section of the Alabama Water Quality Criteria and Use Classification which requires the use of the 7Q10 standard for design flow criteria.”
— Ala. Code § 22-22A-6(a)(2) — 1 case
Sierra Club v. Alabama Env't Mgmt. Comm'n, 627 So. 2d 927 (Ala. 1993). “any rules, regulations or environmental standards for the department,” § 22-22A-6(a)(2). Thus, these entities have responsibility for adopting a numeric standard for the acceptable level of dioxin in state waters.”
— Ala. Code § 22-22A-6(a)(3) — 3 cases
Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 114 So. 3d 47 (Ala. Civ. App. 2012). “’ Ala.Code 1975, §§ 22-22A-6(a)(3) and (4) and 22-22A-7(c).”
Keith v. Lefleur, 256 So. 3d 1206 (Ala. Civ. App. 2018). “Code 1975, §§ 22-22A-5(3) and 22-22A-6(a)(3) ; that, according to § 22-22A-6(a)(3), it is the duty of the EMC to develop environmental policy for the state; and that, because the director or one of his predecessors, rather than the EMC, developed and adopted the documents, the…”
Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 71 So. 3d 673 (Ala. Civ. App. 2011). “” Ala.Code 1975, §§ 22-22A-6(a)(3) and (4) and 22-22A-7(c).”
— Ala. Code § 22-22A-6(a)(4) — 2 cases
North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “§ 7607 (b)(1), while Alabama and Tennessee laws provide for similar administrative and judicial appeals of state permitting decisions, see Ala.Code §§ 22-22A-6(a)(4), 22A-7(c)(6); Tenn.”
United States v. Gulf States Steel, Inc., 54 F. Supp. 2d 1233 (N.D. Ala. 1999). “Code 1975, provides that any person who is “aggrieved by an administrative action of [ADEM]” is entitled to a hearing before the Environmental Management Commission (“EMC”), an administrative body that has the duty to, among other things, hear and determine appeals of…”
— Ala. Code § 22-22A-6(b) — 1 case
Marshall Durbin & Co. of Jasper v. Env't Mgmt. Comm'n, 519 So. 2d 962 (Ala. Civ. App. 1987). “Ala. Code (1975), § 22-22A-6(a). In April 1985 Durbin petitioned the Commission to amend that section of the Alabama Water Quality Criteria and Use Classification which requires the use of the 7Q10 standard for design flow criteria.”
— Ala. Code § 22-22A-6(b)(3) — 2 cases
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
— Ala. Code § 22-22A-6(f) — 2 cases
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
Tarver v. Advanced Disposal Servs. S., LLC (Ex parte Utils. Bd. of Tuskegee), 274 So. 3d 229 (Ala. 2018). “It is apparent from the statutory framework that created the AEMC, see §§ 22-22A-6 through 22-22A-7, Ala. Code 1975, that the AEMC is a body separate from ADEM that supervises ADEM in certain ways.”
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