Experience

Air quality laws and regulations pose some of the most complex legal challenges that businesses face. Air laws cover stationary sources like refineries, cogeneration plants, and hospitals, as well as mobile sources such as trains, trucks, and automobiles. Regulatory violations can result in significant penalties, require expensive and disruptive retrofit requirements and, in extreme cases, shut down facilities altogether.

Our lawyers include former regulators and experienced environmental attorneys who have a wealth of knowledge about how air quality  regulations apply and how enforcement works. This experience allows us to develop targeted and effective compliance solutions. We also have long-standing relationships with seasoned technical experts who support our legal team in evaluating compliance concerns. In addition, we help our clients advance their business interests by monitoring and attempting to improve air quality legislation, regulations, and guidance that impact their operations.

When litigation is necessary, we defend clients in enforcement actions brought by local air districts, the California Air Resources Board (CARB), and the U.S. EPA. We vigorously litigate complex cases, but we also focus on resolving matters through practical and cost-effective settlements.

Our specialized areas of air quality expertise include:

• Accidental releases (including the CAA General Duty Clause and CalARP enforcement)
• AQMD/CARB Notices of Violation (NOVs)
• California’s Global Warming Solutions Act (AB 32)
• Criminal defense and internal investigations
• Hazardous air pollutants (NESHAP/MACT standards)
• Mobile sources
• Refrigerant Management Program
• Stationary sources
• Title V
• Truck and Bus Regulation

We assist clients in a wide range of industries, including:

• Agriculture
• Aircraft maintenance and production
• Asbestos abatement
• Bulk storage facilities
• Chemical manufacturing
• Cogeneration
• Construction
• Food manufacturing
• Industrial gas production
• Mining
• Port operations
• Power production
• Solid waste management
• Transportation and logistics

Representative Matters

• Assisted clients with U.S. EPA and CARB audits of transportation fleet for evaluation of compliance with Truck and Bus Regulations
• Represented multinational chemical corporation in Clean Air Act NESHAP (Hazardous Air Pollutant) rulemaking and in judicial and administrative review of MACT standard
• Represented food growers’ cooperative in retrofit of cogeneration facility that generated $1 million in emission credits under California’s Cap-and-Trade Program for greenhouse gas emissions
• Defended company against alleged violations of Clean Air Act and other state and federal laws arising from the accidental release of anhydrous ammonia gas
• Advised ferry operator regarding compliance with CARB air toxics emissions regulations
• Advised industrial gas producer regarding the implementation of the Cap and Trade Program under California’s Global Warming Solution’s Act (AB 32)
• Represented consumer products company in connection with alleged violations of CARB Consumer Products Regulation
• Provided defense and compliance assistance for food manufacturer accused of violations of CARB Refrigerant Management Program
• Defended several coal fired power plants against alleged violations of the Clean Air Act
• Represented a natural gas fired peaking power plant in permit negotiations with Air Quality Management District
• Represented an aircraft operator against charges of testing aircraft engines as a stationary source without an air permit
• Represented a solid waste management site against charges of emitting methane gas without an air permit
• Represented an industrial cleanup site in connection with compliance for emissions from air stripping towers for trichloroethylene (TCE) treatment
• Represented a rock quarry in connection with air emissions compliance issues
• Represented an asbestos removal company in investigation by district attorney of alleged illegal disposal of asbestos waste
• Represented an asbestos removal company in obtaining numerous permits for removal of asbestos