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clean air

Practices

Clean Air

We help clients navigate the full spectrum of federal and state air quality issues. Our experience includes providing counsel on rules and regulations under the Clean Air Act, commenting on proposed regulations, defending federal and state civil and administrative enforcement actions, defending against air nuisance claims, and advising on major (Title V) and minor operating air permits and New Source Review and minor air construction permitting requirements. Our lawyers also handle transactional and disclosure issues relating to air quality issues arising under federal, state, or private ESG reporting requirements. Members of our team have authored numerous articles, regularly present at trade and regulatory forums, and offer training to new and existing clients on air quality standards.

Examples of our experience include:

  • Extensive experience advising on stationary source air permitting and compliance issues, including those associated with steel manufacturing and foundries, rubber manufacturing, chemical manufacturing, paints and coatings, adhesives and sealants, heavy tool manufacturing, and biogas and landfill gas production.
  • Defending steel manufacturing plants against a federal enforcement action brought by the EPA and DOJ alleging violations of Title V permit limits and NESHAP and NSPS, including reversal of DOJ referral.
  • Defending an adhesive and coatings manufacturer against federal enforcement actions brought by EPA alleging violations of Title V permit pollution control requirements and negotiating a resolution through a consent agreement and final order and an administrative consent order with EPA.
  • Defending a tire manufacturer against a state enforcement action alleging violations of PSD permitting and BACT requirements and negotiating a resolution through a consent decree with the state attorney general.
  • Defending a chemical manufacturing company against an EPA enforcement action, successfully disputing the application of NESHAP MON regulations to the facility.
  • Defending landfill gas processing plants against state enforcement actions relating to synthetic minor permit limitations and control issues with an adjacent landfill.
  • Defending aggregate processing plants against state air nuisance claims arising from a neighboring property’s dust and/or particulate matter complaints.
  • Defending industrial clients against private and regulatory odor claims and negotiating odor management plans to protect against future nuisance claims.
  • Assisting a tire manufacturer with a successful Congressional Review Act challenge of revised NESHAP standards.
  • Assisting clients in reclassifying facilities as minor sources to avoid Title V and NESHAP requirements.
  • Assisting clients in responding to requests for information under the Clean Air Act, Section 114.
  • Assisting clients with evaluating air permit applicability and securing federal or state construction or operating permits for minor (true and synthetic) and major sources (Title V).
  • Assisting a client with preparing Title V annual certifications, semiannual reports, and deviation reports under applicable air permits.
  • Developing strategies to address environmental justice requirements impacting air permitting projects in environmental justice areas.
  • Advising manufacturing clients on renewable energy projects.