Our air team brings sophisticated, complementary experience in a wide range of clean air issues. Our problem-solving takes a dual approach — careful compliance assessment on current requirements, as well as anticipation of the next phase of regulatory programming. We are proud of our ability to think like businesspeople, develop the full range of options for our clients, and manage against budgets.

Clean Air Practice

The team’s experienced regulatory and litigation members have long worked with career staff at EPA headquarters, EPA regions, state agencies or legislatures, and on Capitol Hill. We move readily between national and state issues to site or company-specific applications.

Nationally, our efforts on behalf of companies and trade associations helped shape provisions of the 1990 Amendments, as well as most key developments since. On behalf of coal and power industry clients, our lawyers have most recently provided comments on, and analyses of, EPA’s Utility MACT rule, the greenhouse gas Endangerment Finding and associated Tailoring Rule, as well as EPA’s recent greenhouse NSPS proposal for power plants. We have negotiated complex New Source Review settlements with EPA and citizens groups for clients in the power and other industries. Our lawyers have also long shaped parallel state programs, including those for Title V permits, SIPs and state emission trading rules.

At the plant level, we have permitted numerous projects, facilities or facility expansions, earning recognition for our ability to identify critical paths and unravel major source PSD/NSR, SIP and operating permit tangles. We have helped clients develop Title V permit applications, operating scheme flexibility provisions and compliance certification support for thorny past possible transgressions. We have successfully defended both state and federal air enforcement actions, often by persuading the agency to withdraw the action.

Climate Change

McGuireWoods has assembled a climate change practice group of experienced practitioners and consultants from our environmental, energy, corporate, corporate finance and capital markets, litigation, and government relations teams.

Although a relatively new legal sector with unique issues, climate change also presents many similar challenges and opportunities that are successfully managed every day by McGuireWoods lawyers and consultants —who collectively offer extensive, multidiscipline experience in environmental regulatory programs; energy and other project development; the generation and exchanges of environmental credits and offsets; securities; venture capital; compliance, and legislative and regulatory development.

Our integrated team provides clients with carbon-specific representation on energy projects, carbon credits and trading, corporate disclosure and governance, corporate self-assessments, mergers and acquisitions, greentech investments, green building development, government relations and policy, regulatory developments and compliance, and litigation.

Experience

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    Power generation company

    Represented power generation company in development of state rules regarding control of mercury emissions from coal fired power plants.

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    Major manufacturing trade association

    Filed a unique Title III petition with EPA to delist allegedly hazardous air emissions on behalf of a major manufacturing trade association.

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    Major industrial client

    Secured withdrawal of state RACT requirements that would have severely disadvantaged a major industrial client, based on arguments that the state had no authority to implement its proposal.

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    Manufacturing company

    Developed argument for a manufacturing client as to the inapplicability of the Clean Air Act provisions on aggregating certain sources as a single source due to proximity and other factors.

  • REPRESENTATIVE MATTER

    Power and Energy Company

    Assisted Client in analyzing emission trading issues under Title V,  CSAPR and the Clean Power Plan associated with the potential closure of a coal fired power plant.  

Team Leaders

Full Team
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