Air Quality

Clean Air Act: Kaplan Kirsch advised clients on a range of stationary source requirements for gas-fired power plants, cogeneration facilities, heating and cooling plants, fuel facilities, ethanol plants, and similar infrastructure in California, Colorado, Illinois and Pennsylvania, among other states. We have advised airports and local entities on the Clean Air Act’s preemptive effect on airports and other local air quality initiatives. Further, we provided strategic counsel to a non-profit organization on EPA’s authority to regulate methane emissions under section 111 of the Clean Air Act in light of shifting Supreme Court precedent, as well as on implementation of the Clean Power Plan across multiple states. We have also handled issues related to criteria and air toxic emissions from non-road sources and stationary sources under permitting regulations and the Clean Air Act’s conformity.

Energy and Air Quality: We counseled an operator of multiple large geothermal power units to respond to a notice of violation from a state regulatory agency involving alleged air pollution releases, safety and reporting issues, resulting in favorable resolution of the alleged violations in California.

Project Development Compliance: We advised clients on issues related to Clean Air Act General Conformity Determinations, air toxics, and National Environmental Policy Act (NEPA) compliance in connection with  highway development in California, Colorado, Illinois, Indiana, Nevada and Pennsylvania. We have also advised clients on general conformity and NEPA air quality analyses in a wide range of public lands, water, and other development projects. We have also successfully defended air quality and conformity analyses conducted in connection with airport development.

Compliance and Enforcement Defense: We advised several public and private sector clients on enforcement and compliance matters arising under air quality regulations, including: alleged Title V permit condition violations at a major international airport; alleged violations of the False Claims Act stemming from Title V deficiencies at three major international airports; alleged installations of mobile source “defeat devices”; alleged Prevention of Significant Deterioration (PSD) and New Source Review (NSR) permit violations by large Midwestern power producers; alleged PSD permit violations at natural gas treatment plants; negotiation of an amendment to an NSR Consent Decree on behalf of the purchaser of an oil refinery; alleged violations of California’s Truck and Bus Rule; alleged noncompliance with California’s cap-and-trade program; and compliance with risk management, safety and permit requirements for metals and chemical plants. In addition, we successfully defended one of California’s largest olive oil producers against enforcement action alleging failure to retire sufficient NO_X and GHG offset credits.

Permitting for Airport, Energy and Infrastructure Projects: Kaplan Kirsch lawyers provided strategic counsel to developers of large energy, transportation and infrastructure projects on complex air quality permitting challenges, including innovative mitigation strategies involving market mechanisms and other emission-reduction strategies. Our work has included successful permitting of major airfield, terminal and ground access projects and operational rules at Los Angeles, Las Vegas, Philadelphia, Chicago, Seattle, Naples, Palm Beach and other airports, as well as highway, rail and energy projects across the nation.

Colorado Air Quality and Climate Policy: We represented a coalition of local governments and a non-profit organization in multiple state rulemaking proceedings aimed at improving local air quality and reducing greenhouse gas emissions from the largest emitters of Colorado’s industrial and manufacturing sector. We have also participated in precedent-setting rulemaking proceedings before the state’s AQCC related to the implementation of regional haze requirements, first-ever state methane regulations, advanced leak detection and repair requirements for conventional pollution from oil and gas sources, intensity-based regulation of the transmission segment of the oil and gas sector, and regulations adopting EPA’s Control Techniques Guidelines for oil and gas. We also represented non-profit organizations as intervenors in defense of regulations aimed at reducing pollution from oil and gas operations.

Motor Vehicle Emission Standards: We represented a non-profit organization in state rulemaking proceedings aimed at reducing pollution from motor vehicles, including through the adoption of motor vehicle emission standards, low-emission vehicle (LEV) standards, zero-emission vehicle (ZEV) standards, and advanced clean truck  standards. We also represented a coalition of environmental organizations as intervenors in defense of challenges to Colorado’s LEV and ZEV standards.

Criteria Air Pollutants Regulation: We worked with a coalition of local governments and a non-profit organization in state rulemaking proceedings to strengthen and improve regulations and policies included in state implementation plans aimed at bringing Colorado into compliance with federal air quality standards for ozone and regional haze. We  also successfully defended against a legal challenge to Colorado’s regional haze regulations in state court and represented a coalition of federal and state environmental organizations in administrative hearings before the AQCC and PUC to implement the Clean Air Clean Jobs Act, which transformed Colorado’s regional haze program and became the model for President Obama’s Clean Power Plan.