Environmental Law and litigation

REPRESENTATIVE MATTERS

Air Quality and Climate Change

  • Represented major oil refineries to obtain review of Air Resources Board rulemaking applicable to sulfur and hydrocarbon content of diesel fuel
  • Represented food industry groups in rulemaking proceedings and subsequent citizen group litigation involving state implementation plans and local implementation of the Clean Air Act
  • Represented waste disposal companies to obtain the permits, and negotiated the approvals necessary to operate a hazardous waste incinerator in California, including representing a company in a key suit involving environmental justice allegations
  • Assisted commercial landowners and other clients in evaluating the potential for vapor intrusion from subsurface contamination and associated indoor air quality and air sampling issues
  • Assisted manufacturing facility in negotiations with local air pollution control districts regarding Title V Permitting requirements, including distinguishing between applicable federal requirements and solely State law requirements, and in obtaining Title V permits
  •  Representing a major industrial gas manufacturer with respect to AB32 compliance 
  • Represented manufacturing facility in obtaining various air permits (Authority to Construct, Permit to Operate, Prevention of Significant Deterioration) and permit modifications. Also represented facility in obtaining variances from emission limits or other permit requirements in administrative proceedings before local air pollution district  
  • Represented company in negotiating administrative orders with federal and state agencies to bring manufacturing facility into compliance with National Emission Standards for Hazardous Air Pollutants ("NESHAP"). Also defended company in Clean Air Act citizen suit alleging noncompliance with NESHAPs which had not yet been incorporated into facility's Title V permit IA
  • Assisted companies to comply with various reporting obligations arising under state and local law concerning air emissions
  • Assisted companies to "bank" emission reductions with local air districts, and thereafter helping to market those banked credits
  • Represented company in administrative civil penalty proceeding for alleged violations of permit requirements