Some of the more complex and stringent laws, regulations and policies in the environmental arena are those emanating from decades of debates regarding air quality and climate change. The effort and time required to complete an air permit can be one of the more painful and daunting experiences for an operator. Although, the fines imposed by local, state and federal regulators for violations of air regulations can be devastating.

We help our clients in navigating the complex air quality regulatory challenges by understanding their needs and desires and achieving their goals in as painless and timely a process as possible by focusing on risk avoidance strategies that resolve core governmental concerns and demonstrate effective future compliance. We work with our clients in obtaining the necessary permits for operating in a manner that is compliant with burdensome and ever-changing local, state and federal air regulations.
The extensive and unique experiences we provide our clients in the very expansive and complex field of air quality and climate change includes:

  • Assessing the air permits required for, and the regulatory burdens of, the particular operation(s).
  • Obtaining the necessary air permits in a timely and responsible manner.
  • Establishing and implementing practicable application of operations with a strategic focus on risk management ensuring ongoing compliance of all air regulations.
  • Understanding the immediate/potential impact to their operations as a result of the current/proposed air regulations, laws and policies.
  • Providing defense to our clients when confronted with administrative or judicial enforcement measures.
  • Representation regarding the defense of a Clean Air Act (CAA) enforcement action by the U.S. EPA, resulting in a settlement for about 10 percent of what EPA initially sought.
  • Representation regarding the developing of legislation reducing the ineffective and unnecessary air reporting burdens on industry, in addition to strengthening and clarifying the procedures for local air officials to adhere to during site investigations thereby eliminating reckless disregard and unwarranted fines and citations.
  • Representation regarding the defense of an air enforcement matter brought by the state alleging excess emissions and violations of the Prevention of Significant Deterioration (PSD) rules and the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for miscellaneous organic chemical manufacturing.
  • Representation regarding defense of allegations of numerous Clean Air Act (CAA) violations brought by the U.S. EPA in federal court; as well as defense of similar claims brought by the county in state court.
  • Representation regarding defense of a Clean Air Act (CAA) enforcement action involving mobile source emission allegations, resulting in one of the largest mobile source enforcement penalty settlements.
  • Representation of a small business regarding dust control violations alleged by the Maricopa County Air Quality Department.
  • Representation a Fortune 100 company in a putative class action alleging property damage and emotional distress from mercury released from a mercury cell chlor-alkali plant that operated from 1952 to 2009. Plaintiffs sought to represent classes comprising property owners impacted by air dispersion, surface water run-off or groundwater allegedly contaminated with mercury. Plaintiffs converted the case to a 300-plaintiff mass tort. After extensive paper and electronic discovery and motion practice, the court granted our motion to exclude plaintiffs' experts resulting in settlement.
  • Representation regarding the defense of the U.S. EPA enforcement matter concerning alleging violations of Stratospheric Ozone Protection rules under the Clean Air Act (CAA).
  • Representation of a Fortune 100 transportation company with the defense of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cost recovery and contribution claims brought by private entities in federal court involving allegations of contribution to historical air contamination that dispersed onto private property.
  • Representation of a small soft rock mining company in the defense of allegations of numerous violations of the Clean Air Act (CAA) brought by the Maricopa County in state court.
  • Representation regarding securing funding for a $3 million atmospheric air chamber to be built at the University of California, Riverside. This air chamber was the first high-tech atmospheric air chamber to be built in the United States and is used to measure the emissions of certain volatile organic compounds (VOCs) and other air pollutants.
  • Representation of divergent industry stakeholder groups in the formation of statutory and regulatory policies in matters such as air permitting voluntary clean-up programs, release reporting burdens, and the use of risk-based clean-ups.
  • Representation of a recycling company in responding to multiple state and local solid and hazardous waste and Clean Air Act (CAA) enforcement actions, ultimately resolving the underlying regulatory disputes, helping to repair the company’s relationships with its regulators, and concluding all enforcement actions through settlements in which many of the allegations of noncompliance were withdrawn.
  • Representation regarding the defense of allegations of violations of the Clean Air Act (CAA) for asbestos removal brought by the U. S. EPA in federal court.
  • Representation of a chemical industry client in defense of complex multi-plaintiff lawsuits and single plaintiff lawsuits filed throughout the United States alleging personal injuries and property damages arising from chemical emissions.