Air Pollution and the Clean Air Act

The regulatory labyrinth that confronts a company subject to the Clean Air Act is daunting.  Stites & Harbison attorneys have helped clients navigate the complex regulations spawned by federal air pollution controls laws for decades.  Our goals include helping clients maintain compliance, obtain maximum flexibility in terms of permit conditions and other requirements, avoid permitting delays, maintain favorable relationships with government agencies, and understand new regulations as they are issued.

Representative matters include:

  • Successfully defended a permit challenge by the Sierra Club and others to the air permit for an advanced technology, coal gasification plant.
  • On behalf of a pro-active national trade association, Stites lawyers led comment and lengthy negotiations with EPA regarding a proposal to regulate hazardous air pollutants generated by an area source category.  The resulting final regulation was far more conducive to compliance than the initial proposal.
  • Successfully defended a Title V air permit issued to a gas-fired peaking power plant challenged by a well-financed citizen’s group through administrative hearing and appeal.
  • As counsel for a trade association, we lead affected industries’ five-year information gathering and regulatory negotiation process with representatives of USEPA for development of tolerable hazardous air pollutant area source regulation for metal fabricators.
  • Advised large aluminum manufacturers about compliance with primary and secondary MACT regulations for hazardous air pollutants and responses to EPA’s information demands.
  • Negotiated various Consent Decrees with USEPA and state agencies to settle enforcement actions concerning, among other matters, hazardous air pollutants, new source review allegations, risk management, and operating without a valid permit.
  • Advising cellulosic sponge manufacturer in Title V permitting concerning MACT and PSD compliance.
  • Our attorneys have been effective in several industries in devising settlements of civil litigation or administrative actions by analyzing the facts and legal issues and working with clients to develop Supplemental Environmental Projects in lieu of civil penalties for the benefit of all parties.

Stites & Harbison digs deep into the facts and the bases for the law to find defenses and solutions.  We have experience representing a variety of industries on air matters ranging from asbestos to zinc.

Back to Environmental Law.