Kaplan Kirsch & Rockwell has extensive experience with the spectrum of Clean Air Act and state regulatory programs, including mobile source emission regulations, stationary source permitting, greenhouse gas regulation, conformity, air toxics, air quality planning, and enforcement actions. Our technical understanding of these air quality regulations enables us to provide targeted and strategic advice to clients to work through complex air quality challenges, as well as effective representation before agencies and courts. We have represented a wide range of industries, including airports, gas-fired power plants, cogeneration facilities, automotive and trucking, aircraft, other non-road sources, power plants, natural gas facilities, oil refineries, chemical plants, mining facilities, and others. Over the last decade, our attorneys have taken lead roles in advising clients on many of the most important air quality, energy and climate issues in Colorado as well as advising clients on highly consequential national matters. Our team also has extensive experience with the unique jurisdictional and regulatory issues associated with air quality regulation in Indian Country.
Garfield County v. Air Quality Control Commission (AQCC), No. 2020CV30997 (Denver Dist. Ct. 2020); Weld County v. Ryan, No. 2020CV31022 (Denver Dist. Ct. 2020) (representing environmental nonprofit organizations as intervenors in defense of regulations to reduce air pollution emissions from oil and gas operations in Colorado; continuing to represent same organizations to defend regulations in appellate court (Colorado Court of Appeals Case No. 2020CA1445))
Colorado Automobile Dealers Association v. Colorado Department of Public Health & Environment, No. 2019CV30343 (Denver Dist. Ct. 2019) (representing coalition of environmental nonprofit organizations as intervenors in defense of low-emission vehicle (LEV) standards; representing same coalition to defend regulations in appellate court (Colorado Court of Appeals Case No. 2019CA1386))
Freedom to Drive v. AQCC, No. 2019CV34156 (Denver Dist. Ct. filed 2019) (representing coalition of environmental nonprofit organizations as intervenors in defense of zero-emission vehicle (ZEV) standards)
EELI v. Epel, 793 F.3d 1169 (10th Cir. 2015) (addressed air quality impacts of coal and renewable power generation in discovery for Commerce Clause litigation)
Colorado Mining Association v. Urbina, 318 P.3d 562 (Colo. App. 2013) (represented a coalition of nonprofit organizations that successfully defended the Regional Haze State Implementation Plan and Clean Air Clean Jobs Act implementation, including before the district court, court of appeals, and the Colorado Supreme Court)
Tinicum Township v. U.S. Dept. of Transp., 685 F. 3d 288 (3d Cir. 2012) (successfully defended air quality and conformity analyses for airport development)