Air

Obtained dismissal by trial court of Clean Air Act enforcement action against a former owner of a coal-fired power plant seeking extensive injunctive relief; Third Circuit Court of Appeals affirmed dismissal in unanimous 68-page opinion

Representing a client in an EPA enforcement action alleging violations of the Clean Air Act’s New Source Review (NSR) requirements and exceedences of air emissions limits

Counsel to lead petitioner group in DC Circuit challenges and Supreme Court petitions to EPA initiative to regulate greenhouse gas (GHG) emissions under the CAA

Defended a large integrated refinery and chemical plant against Clean Air Act citizen suit enforcement litigation

Defeated challenges to air permits for a coal-fired power plant, obtaining precedentially-important vindication of Texas Commission on Environmental Quality policies by the Texas Court of Appeals

Obtained air permits for surface facilities associated with controversial proposed hazardous waste injection facilities 

• Obtained air permits for entity seeking authorization to construct surface disposal facility for industrial waste in sensitive community 

  • Defended an enforcement case brought by a state agency against a natural gas treatment facility alleging longstanding periods of excess emissions, yielding complete dismissal of claims 

    • Obtained PSD permit for locally opposed gas-fired power project through contested case proceedings, the conclusion of which allowed our client to enter into a collaborative settlement with former opposition

      • Defended a federal CAA citizen suit against a coal-fired power plant before the U.S. Court of Appeals for the Fifth Circuit alleging violations of Maximum Achievable Control Technology requirements 

      • Obtained dismissal of a case against a coal-fired utility alleging that it contributed to global warming and was, therefore, liable for damages, including impacts to a coastal village in Alaska 

        • Assisted a client in developing legislation to authorize cross-border, cross-pollutant emission trading; obtained governmental approval of the first trade under those rules 

          • Negotiated the first-ever multi-party emissions trade with the area emission credit organization in Texas 

            • Defended a nationwide enforcement action brought by the EPA to enforce rules governing industrial use of chlorofluorocarbons 

              • Defended a civil action brought by a state agency against a gas-fired electric generating unit, leading to a favorable mediated settlement 

              • Defended an enforcement case brought by a state agency against an upstream oil gathering facility alleging violations based on fenceline infrared monitoring, yielding complete dismissal of claims

              • Obtained Fifth Circuit Court of Appeals vacatur of EPA’s rule denying approval of important elements of Texas’ air permitting program