Waller Lansden’s Clean Air Act practice is the most comprehensive practice in the state and one of the leading practices in the region. Our air practitioners have extensive experience in all aspects of Clean Air Act work. From working with companies to permit large greenfield manufacturing facilities, to negotiating and defending construction and operating permits, to advocating for legislative and rulemaking changes at both the federal and state level, Waller Lansden’s CAA team has worked with clients to achieve their business goals. We have extensive experience working with clients in conducting self-audits and disclosures, streamlining permits, and assessing impacts on planned operational changes on permitting requirements. We have extensive experience in defending clients in the enforcement arena both at the federal and state level. Finally, we represent clients in litigation matters relating to public nuisance, toxic tort, and other claims related to air emissions. Our attorneys are recognized in their field for their expertise and have written extensively on CAA topics, including serving as co-editors and authors of the ABA’s Clean Air Act Handbook.
Significant Matters
- Assist large automobile manufacturer in obtaining Clean Air Act PSD permit for $1.4 billion automobile assembly facility in the Southeast
- Negotiate and obtain permits for $100 million expansion of ethanol and food products facility
- Assisted client in obtaining determination that “ethanol” production facilities were subject to 250 ton not 100 TPY major source threshold under the Clean Air Act, thereby expediting permitting for new facilities
- Assisted client in obtaining applicability determination that determined various operational changes at manufacturing facilities were “routine maintenance” and thus not subject to complex and costly PSD permitting requirements
- Obtained determination that certain operations at foundry did not trigger requirements that would have subjected the facility to MACT requirements under the Clean Air Act air toxics program
- Defend coal-fired utilities in EPA’s New Source Review enforcement initiative
- Successfully rebut challenges to facility air permits by union engaged in corporate campaign
- Defeat initiative by state air regulatory program to adopt odor regulations and state air toxics provision
- Negotiate with state regulatory agency on behalf of road construction industry to avoid initiative to regulating existing source off-road vehicle emissions in favor of voluntary retrofit program and financial incentives for same
