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.

We represent clients in connection with the Environmental Protection Agency, California Air Resources Board, and California’s regional air pollution control districts and air quality management districts including the South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District, Bay Area Air Quality Management District, and the Santa Barbara Air Pollution Control District. 

We also represent clients on rulemaking and in administrative proceedings.  We work closely with clients and the regulatory agencies in resolving air violations including obtaining variances on an emergency basis and reaching mutual settlement agreements. 

Representative Experience

  • Represents the largest dairy processing cooperative in California on air permitting issues (including Title V facilities), advocacy, and negotiation with the regional air district.
  • Represented large agricultural operation in connection with most significant enforcement action ever brought by regional air district, including claims related to the Distributed Generation Certification Regulation and PERP.
  • Advised client on California’s cap and trade program and allocation of carbon allowances.
  • Has represented dairy trade groups in multiple air quality matters including successfully representing respondent-intervenor Dairy Cares in Association of Irritated Residents v. EPA, Ninth Circuit Case No. 13¬73398, in defending EPA’s retroactive amendment of its 2004 approval of the San Joaquin Valley Air Pollution Control District Rules into the California State Implementation Plan. The Ninth Circuit denied the petition (Ass’n of Irritated Residents v. EPA, 790 F.3d 934 (9th Cir. 2015)).
  • Advised client regarding enforcement by California Air Resources Board (CARB) of the VOCs in consumer products regulations. 
  • Obtained expedited permitting relief from the South Coast Air Quality Management District to conduct critical repairs to part of client’s over $180 million biosolids facility.
  • Represented power producer in connection with compliance plan and regulatory enforcement by California Air Resources Board (CARB) concerning climate-change related air quality regulations, including regulations related to sulfur hexafluoride (SF6).
  • Advised client concerning a dispute related to the allocation of carbon allowances under California’s cap and trade program.
  • Provided advice concerning various air quality matters, including issues relating to air quality standards for mobile source fuelers, gasoline dispensing facilities, scrap metal facilities, and large generators.
  • Represented the San Joaquin Valley dairy industry in 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.

For more information, please contact Noah Perch-Ahern and Sedina Banks.