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Neal J. Cabral

Senior Counsel

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Practices
Industries
Education
  • The College of William & Mary Law School, JD, 1987
  • Union College, BA, 1981
Admissions
  • District of Columbia
  • Virginia
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Neal advises energy and industrial clients on a broad array of environmental matters, with a primary focus on Clean Air Act regulation and enforcement, and greenhouse gas and climate change regulatory, legislative and policy issues. His clients include utilities, coal mining companies, industrial and municipal entities, and industry coalitions. His recent focus has been on development of and compliance with key U.S. EPA air rules, including the Mercury and Air Toxics rule, the Cross State Air Pollution Rule and EPA greenhouse gas regulations.

Neal has participated in regulatory and rulemaking proceedings before the U.S. EPA as well as many state environmental regulatory agencies, including development of SOx, NOx and mercury emissions trading programs in Illinois and Virginia. He has helped clients to obtain New Source Review permits for facilities in a number of states, including coal-fired power plants in Louisiana and Mississippi, and has advised power companies and other clients on EPA New Source Review enforcement actions.

He also provides regulatory and legislative analyses for clients on greenhouse gas issues and related clean energy standard proposals. Neal continues to perform merger and acquisition evaluations and due diligence for existing and emerging Clean Air Act requirements for power companies and others.

vCard
T: +1 202 857 1727F: +1 202 828 2968ncabral@mcguirewoods.com2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

Counsel for different power companies in four major New Source Review enforcement actions, including a groundbreaking NSR settlement valued at $1.2 billion with U.S. EPA on behalf of Dominion Virginia Power.

Developed comments on behalf of various coal companies on EPA’s Mercury and Air Toxics rule, EPA’s GHG Endangerment Finding and EPA’s GHG New Source Performance Standard for coal and gas-fired utility units.

Evaluated various legislative proposals to address EPA regulations of coal-fired utility units, and drafted alternative legislative options for a major coal company.

Filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit appealing certain aspects of EPA’s Greenhouse Gas Endangerment finding on behalf of a group of coal producers.

Co-Author, "The Art of the Plausible: Prospects for Clean Energy Legislation in 2011," Utilities Fortnightly, April 2011
Speaker, 11th Annual Coal Industry Briefing, September 19, 2012
Panelist, "Up in the Air: GHJG Rule Litigation and Regulatory Enforcement," 12 Annual Environmental & Energy Symposium, March 29, 2012
Speaker, "Utility MACT and Electrical Reliability: Who Is Right?," University of Richmond Law School Symposium, March 28, 2012
Speaker, "Clearing the Air: Mercury and the Environment," University of Richmond Law School Symposium, March 28, 2012
Panel Moderator, "EPA’s Train Wreck," McGuireWoods and American Coal Council’s Coal Industry Briefing, October 20, 2011
Speaker, "Designing a Federal Clean Energy Standard: Policy Parameters, Metrics, and Market-Based Drivers Impacting the Debate," EUCI Web Conference, June 6, 2011
EPA Proposes Remarkable Amendments to Renewable Fuels Standard (RFS2) Program Regulations, May 23, 2013
California ARB to Link Carbon Market with Quebec, April 22, 2013
Obama Taps Agency Insider to Helm EPA, March 4, 2013
Environment 2013: Climate Issues, February 11, 2013
Environment 2013: Clean Air Act Issues, February 4, 2013
The D.C. Circuit Vacates the Cross-State Air Pollution Rule, August 27, 2012
DC Circuit Affirms EPA GHG Regulations, June 27, 2012
Public Trust Doctrine No Basis for Judicial GHG Controls, June 7, 2012
EPA Proposes "Thought Piece" GHG Performance Standards for New Power Plants, April 6, 2012
Environment 2012: Air Emission and Climate Change Issues, February 2, 2012
Boiler MACT: Now What?, January 13, 2012
International Climate Negotiations Make Significant Progress - Maybe, December 14, 2011
Frankenstein Boiler Still Alive: EPA's New Boiler MACT and Solid Waste Rules, March 3, 2011
GHG Reporting Deadline Extended Indefinitely, March 1, 2011
High-Stakes Roller Coaster Ride Continues - Court Holds EPA to One Month to Finalize Boiler MACT, January 24, 2011
EPA Moves to Re-Propose Boiler MACT Rules, December 8, 2010
5th Circuit Rules CAMR Permitted Power Plant Still Covered by MACT, December 6, 2010
Energy Efficiency = BACT, November 12, 2010
California Cap-and-Trade Program Overcomes Ballot Measure Challenge; Proposed Rules Released, November 5, 2010
Wabash Cannonball: 7th Circuit Opinion Limits Long-standing EPA Method for Calculating Emission Increases, October 19, 2010
Beyond CAIR: EPA Proposes Tough New Transport Rules, August 3, 2010
Is Biomass "Carbon Neutral?" EPA Call for Information Signals Rigorous Review, July 20, 2010
EPA's New Greenhouse Gas Tailoring Rule: Analysis of Immediate Air Permitting Considerations, May 26, 2010
EPA Issues First-Ever Rule Regulating GHG Emissions from Light Duty Vehicles, Confirms GHG Stationary Source Permitting Begins January 2011, April 2, 2010
EPA's Final Renewable Fuel Standard Rule: Winners And Losers, February 8, 2010
EPA Proposes More Stringent National Ozone Standard, January 13, 2010
EPA Announces Greenhouse Gas Endangerment Finding as United Nations Climate Talks Open in Copenhagen, December 9, 2009
EPA Issues Final Greenhouse Gas Reporting Rule, September 25, 2009
Current Air Permitting Issues: CO2, PM2.5, Coal Gasification, July 15, 2009
EPA's Proposed Renewable Fuels Lifecycle Rule, May 27, 2009
EPA Issues Greenhouse Gas Endangerment Finding: A First Step Toward Regulation Under the Clean Air Act, April 22, 2009
McGuireWoods Energy and Climate Change Team Analysis of Waxman-Markey Renewable Energy Standard, April 14, 2009
Counting Carbon: Scope and Implications of EPA Green House Gas Registry Rule, March 12, 2009
EPA Poised to Propose Federal Greenhouse Gas Registry Rule, March 5, 2009
DC Circuit Remands USEPA's 2006 PM2.5 NAAQS, March 3, 2009
Obama Budget Reveals Outlines of His Cap-and-Trade Proposal-Cap-and-Dividend the Featured Approach, February 26, 2009
Reading the Tea Leaves: Obama EPA's Granting of Sierra Club Petition to Reconsider Regulation of CO2 Under the Clean Air Act, February 23, 2009
Environmentalists Push EPA to Re-Open 34 NESHAP Categories, January 28, 2009
An 11th Hour Bush EPA Response to the Deseret Power Decision and Environmentalists' Reaction, January 5, 2009
DC Circuit Strikes Down NESHAP Startup, Shutdown and Malfunction Regulations, December 24, 2008
Reversal of Fortune: DC Circuit Vacates CAIR Vacatur, December 23, 2008
EAB Remands Deseret Power Case: EPA Directed to Consider Nationwide Implications of BACT for Greenhouse Gas Emissions, November 19, 2008
Seventh Circuit Chills Enforcement By Permit, August 4, 2008
D.C. Circuit Vacates CAIR, July 14, 2008