Environment

Air Quality

We have counseled and represented clients on a variety of matters involving air quality including regulatory development, permitting, emission factors, enforcement proceedings and litigation. 

Our Environment Group has special expertise relating to the emissions from agricultural operations and recent governmental initiatives to regulate such emissions under SB 700.

Representative Experience

  • Represented the San Joaquin Valley dairy industry in recent high-profile litigation against the San Joaquin Valley Air Pollution Control District regarding newly enacted rules for the permitting and regulation of dairies under SB 700. Lawsuit resulted in a far-reaching settlement that will allow the dairy industry to participate with the district in developing regulations and permitting requirements that are based on the best available science.  It also restricts the district from imposing certain regulatory requirements. We continue to represent the dairy industry as it works with the district towards the development and implementation of reasonable regulations.
  • Experience includes representing a baking industry coalition before South Coast Air Quality Management District (SCAQMD) in its attempts to curtail Reactive Organic Gas (ROG) emissions arising from baking processes. Successfully negotiated a substantial compromise to the proposed rule, which met with the agreement of both industry and SCAQMD.  This was the first time in SCAQMD history that both industry and regulators agreed on a rule for limiting ROG emissions.
  • Represented a national retailer in proceedings before the California Air Resources Board (CARB) relating to the sale of thousands of products that exceeded California VOCs content restrictions. Successfully negotiated with CARB to reduce the six-figure penalty to a nominal amount.

For more information, please contact David E. Cranston.

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