Air Quality Practice
The lawyers at Marten Law Group have extensive experience advising clients on the federal Clean Air Act and state and local air quality laws and regulations. We work creatively with clients to help them meet air quality requirements and obtain the permits they need for their plans to move forward.
Our work includes compliance counseling, representation in enforcement proceedings and citizen suits, and participating in the development of regulations and legislation. We help clients interpret and evaluate new source performance standards and other technology standards, and ambient air quality and visibility impacts. We assist in obtaining construction and operating permits and permit amendments for new projects and for modifications to existing facilities, as well as with emissions trading.
Our lawyers understand the opportunities and risks posed by emerging laws and regulations at the local, state, regional, and national level aimed at reducing greenhouse gas (“GHG”) emissions. (See our Climate Change practice.) We are helping our clients anticipate and plan for GHG control regimes, as well as identify business opportunities in emerging carbon markets. We work with companies in carbon-intensive industries, as well as with renewable energy developers and others providing GHG emissions offsets.
Experience:
Permitting for New and Existing Sources • Title V Air Operating Permits • New Source Performance Standards • Air Toxics • Mobile Sources, Fuels and Additives • Compliance Counseling • Defense of Enforcement Actions • Appeals and Variances • Regulatory Development
Representative Matters:
- Our lawyers have represented a major pipeline company in the development and implementation of several air toxics (MACT) technology standards that resulted in more than $100 million in capital investments in its facilities, and in obtaining new source review and air operating permits.
- We assisted a client in obtaining critical revisions to Washington state incinerator rules that allowed our client to comply with regulations that were otherwise impossible to comply with. We convinced the EPA that the revisions were not less stringent than the previous rule, so that the revisions could be incorporated into the federally approved State Implementation Plan and become federally enforceable.
- We negotiated a carbon emissions mitigation agreement with a company desiring to locate a large fossil fuel fired power plant in Northwestern Washington.
- We defended a major oil company in an enforcement action based on allegations of failing to comply with air quality regulations. We negotiated a settlement that was mutually agreeable to the client and the agency.
- We represent a pulp mill in defending its air operating permit, and advise the company on its response to other forms of opposition from a local environmental group.
- We assisted a municipal power company to obtain emergency air quality permits for additional generators on an expedited basis during an energy shortage.
- We represent some of the largest companies in the Pacific Northwest on an ongoing basis in connection with air quality issues at their facilities in Alaska, Washington, Idaho and other states.