Grant Tolley

Senior Associate

Environmental & Natural Resources

“For the projects powering America’s AI buildout, the air permit is often the critical path. I help clients find the fastest defensible route through the Clean Air Act — and defend it when it’s challenged.”

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Overview

Grant is a Clean Air Act lawyer who helps clients build, operate, and defend the facilities that power the economy — from gas-fired generation for hyperscale and AI data centers to power plants, refineries, petrochemical plants, terminals, and oil and gas fields. His practice spans the full life cycle of air quality law: permitting, enforcement defense, litigation, rulemaking, compliance counseling, and the air quality aspects of transactions.

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Experience

  • Advises Fermi America on air permitting for its 17-gigawatt Project Matador hyperscale data center campus in Texas — one of the largest in the country — including how campus configuration, generating equipment, and behind-the-meter and export assumptions drive permitting requirements, and represents Fermi in the contested case hearing and appeal of its air permits

  • Supports a leading artificial intelligence company in obtaining and defending a PSD permit for more than a gigawatt of gas-fired generation, including drafting briefing on air-quality modeling and BACT

  • Serves as day-to-day outside environmental counsel to the operator of Puerto Rico’s power generation fleet, including negotiating consent decrees with EPA and DOJ and leading EPA-administered PSD permitting for new gas-fired turbines and fuel conversion projects

  • Represented an upstream producer in negotiating a consent decree with EPA and New Mexico resolving alleged Clean Air Act violations at more than 100 oil and gas production facilities in New Mexico and Texas

  • Represented a petrochemical manufacturer in Clean Air Act NSR enforcement resolved by an EPA consent decree, and in a subsequent international arbitration against the business’s former owner that yielded a settlement of approximately $80 million on indemnity claims for consent decree costs

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Credentials

Education

  • Georgetown University, J.D. cum laude, 2017 (CALI Award for the highest grade in Environmental Law)
  • Yale University, M.F.S., Forest Science, 2012
  • University of Hawaii, B.A., English, and B.S., Botany, 2009

Admissions

  • District of Columbia
  • U.S. Supreme Court

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Recognitions

  • The Best Lawyers in America© (BL Rankings, LLC), (Washington): “Ones to Watch,” Environmental Law, 2025–2027; Natural Resources Law, 2026 and 2027
Insights

Client Alerts

Build Now, Permit Later? What EPA’s Air Permitting Proposal Means for Data Centers and Major Projects

Last fall, the Environmental Protection Agency (“EPA”) gave project developers a valuable thing in Clean Air Act permitting: a usable …

May 14, 2026

May 14, 2026 • 6-minute read

Client Alerts

EPA Draws the Line: What Can You Build Before Getting an Air Permit?

What can project developers actually build before securing an air permit?

September 18, 2025 • V&E Environmental Update

September 18, 2025 • 4-minute read

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Client Alerts

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025 the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024.

June 17, 2025 • V&E Energy Update

June 17, 2025 • 5-minute read

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Client Alerts

Power Move: EPA Proposes GHG Rules Repeal

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that, if finalized, would repeal all greenhouse gas (“GHG”) standards for the power sector.

June 17, 2025 • V&E Energy Update

June 17, 2025 • 8-minute read

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Client Alerts

EPA Finalizes Revisions to Risk Management Program (RMP) Regulations, with Special Focus on Petroleum and Chemical Manufacturers

The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents.

May 3, 2024 • V&E Environmental Update

May 3, 2024 • 7-minute read

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News & Achievements