Tracking, Tools and Training
We strongly believe in assisting our clients before problems arise. Our lawyers have developed systems and tools to help clients comply with the CAA:
- Tracking: Our lawyers track CAA developments, including important regulatory changes.
- Tools: We use flow charts and checklists to guide clients through CAA regulatory procedures.
- Training: We lead an innovative training course to provide the “nuts and bolts” of the NSR program.
Representative CAA Projects
Sidley’s representative experience in CAA matters dealing with air emissions from stationary sources includes:
ENFORCEMENT DEFENSE
We have defended many CAA claims brought against clients in multiple industrial sectors, including:
- Electric utilities in multiple NSR enforcement actions, including the defendant in USA v. Cinergy, in which a federal jury returned a verdict for our client on 10 of the 14 counts, followed by a successful appeal to the Seventh Circuit. This was the first NSR case tried to a jury, and the first to achieve a defense verdict on liability.
- Wood-products companies against multi-state, multi-facility DOJ/EPA NSR enforcement action.
- Petroleum refineries in DOJ/EPA NSR multi-facility, multi-state cases.
- A former sulfuric acid manufacturing company against PSD, non-attainment NSR and New Source Performance Standards.
- A jet engine manufacturing and testing facility subject to an EPA NSR enforcement actions.
- Carbon black companies with facilities in multiple states against NSR claims.
- A petroleum refinery against claims that it violated the Benzene Waste Operations National Emission Standards for Hazardous Air Pollutants.
- A medical products manufacturer against allegations of VOC regulatory noncompliance.
CAA PERMITTING/REGULATORY COMPLIANCE
- Advising an electric utility in response to the EPA’s changing policies on startup, shutdown and malfunctions.
- Assisting companies in the chemical, petroleum, cement and general manufacturing industries to develop and implement their multi-facility CAA operating permit programs.
- Assisting a Portland cement manufacturer in developing and implementing MACT compliance.
RULEMAKING PROCEEDINGS/REGULATORY ADVOCACY
On behalf of industry trade associations and individual clients, we have substantial experience commenting on and litigating CAA rulemakings, including:
- The Clean Power Plan, including arguments before the U.S. Supreme Court and proposals to repeal and possibly replace the Plan.
- EPA’s Greenhouse Gas Tailoring Rule, including oral argument before the U.S. Supreme Court.
- Mercury Air Toxic Rule.
- Cross-State Air Pollution Rule.
- Risk Management Plan Rule.
- EPA’s Clean Air Act Title V operating permit program rules.
- Emissions standards for VOCs and methane from oil and gas operations.
- National Ambient Air Quality Standards for ozone and other pollutants.
LITIGATION OF TORT, NUISANCE, AND FACILITY SITING CASES
- Successfully defended permitting of a large, new coal-fired power plant involving both federal court and state administrative evidentiary hearings, followed by appeals in federal and state courts.
- Successfully defended a chemical plant in class action tort cases from claims of personal injury and property damage by hundreds of nearby residents.
- Successfully defended a phosphate manufacturing plant from mass joinder tort claims for wrongful death, personal injury and property damages by 1,200+ nearby residents.
- Successfully represented a Puerto Rico utility client storing inventory of aggregate produced from coal ash in challenge to local regulations seeking to limit use and disposal of aggregate.
- Successfully defended electric coal-fired utilities in precedent-setting public nuisance claims over greenhouse gas emissions in U.S. Supreme Court and three federal courts of appeals.
