Advised Several Municipal-Owned Utilities on Production of Documents in EPA PSD-related Enforcement Investigations and with regard to Citizen State-Open Record Requests; Defended and Settled Citizen Suit Actions.
Represented NEDA’s Clean Air Project in a number of cases in the federal courts including the U.S. Supreme Court in Utility Air Regulatory Group v. EPA (GHG Tailoring Rule) and Duke Energy Corp. v. EPA (Amicus in New Source Review Enforcement Case); the U.S. Court of Appeals for the Dist. of Columbia in SE Legal Fdn, et al v. EPA (SIP SSM Plans), Sierra Club v. EPA (SSM Plans in NESHAPS), Nat’l Envt’l. Develop. Assoc. v. EPA (aggregation of point sources for permit applicability),South Coast Air Quality Mgmt. Dist. v. EPA (Ozone Implementation Rule), & Nat. Resources Defense Council v. EPA (NSR Reform and Plantwide Applicability Limits); and before the U.S. Court of Appeals for 9th Cir. in NRDC and Cit. for a Better Environ. v. EPA & Medical Advocates for Latinos et al. v. EPA (Ozone Nonattainment Penalty Fees)
Provided advice on Obtaining PSD permits for plant retrofit of client’s plant and compliance extensions from Mercury and Air Toxics Standard and provide regular advice on related operational issues; represent City before the U.S. Supreme Court and the Court of Appeals For D.C. Cir. in Homer City v. EPA (Cross State Air Pollution Rule) and obtained stay of MATS in the D.C. Circuit.
Represented client before the U.S. Supreme Court in White Stallion v. EPA (Mercury and Air Toxics Standards); provide input on comments on the Clean Power Plan, the Mercury & Air Toxics Rule, and Carbon Capture and & Sequestration and MATs for Boilers and Reciprocal Internal Combustion Engines.
Defense of “Multi-Media” EPA enforcement investigation of eight petrochemical Plants as part of multi-law firm and consultant team; Obtained VOC Exclusion for Chemical Compound.
Performed system-wide environmental audits of power plants and advised company on successful defense to one of EPA’s Early “Utility Enforcement Initiatives”.
System-wide Audit for Acquisition of Eight Power Plants and Another Electric Generating System
Successfully defended of appeal of PSD Permit before EPA Environmental Appeals Board; negotiated one of the first approved Plantwide Applicability Limits for client’s facility; provided other general Clean Air Act compliance and permit advice.
Provided advice on Reasonably Available Control Technology (RACT) requirements in various states and EPA development of emission factors for different types of industry processes. General advice on greenhouse gas reporting and climate change.
Provided Superfund “PRP” and Natural Resources Damage Advice in New York and assistance in responding to EPA CERCLA Section 106 Record Request.
General NSR Compliance Counseling; Debottlenecking and Baseline Analyses, Project “XL” Air Permitting; and Federal Land Manager Guidance
General EPA counseling on regulatory developments including RCRA and TSCA rulemakings for “shop towels,” the definition of “solid waste” and “nanotechnology”. Provided guidance on Clean Air Act rulemakings and policy development such as “Technical Assistance Document for Flexible Title V Permits in the Printing Industry.”
Provided advice on MACT Compliance and obtaining EPA “MACT Non-Applicability Determination”
PSD/NSR Enforcement Investigation and Settlement, PSD Compliance for Expansion of Wastewater Lagoons
Provided successful permitting and related Clean Air Act advice for innovative technology that burned turkey litter as its primary fuel.