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Representative Matters

  • Represent 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 alleged noncompliance with the Distributed Generation Certification Regulation, the Portable Engine Registration Program (“PERP”), and District permitting requirements.
  • Successfully settled alleged air violations under Health & Safety Code Section 40402 in matter referred to District Attorney by way of stipulated judgment.
  • Negotiated multiple settlements with various air agencies related to Supplemental Environmental Projects (SEPs).
  • Defended client against abatement proceeding related to solvent emissions, successfully development strategy to avoid shutdown and abatement.
  • Successfully secured emergency variance from emissions limit for client allowing client to start operation of electric generation facility.
  • 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.
  • Successfully secured interim and short variances for client related to operation of selective catalytic reduction (SCR) units.
  • Successfully resolved NOV alleging emissions violations and public nuisance.
  • Provide Title V permit counseling for client in energy sector related to variety of permit conditions, including greenhouse gas (GHG) limits.
  • Advise client in metals sector in connection with development of district rules related to various rules, including emissions control related hexavalent chromium (CR6).
  • Counsel client concerning air permit modification to allow for higher throughput at waste management facility.
  • Advise client in connection with permit requirements related to emissions limits and emissions factors associated with composting operation.
  • Advise client in connection with compliance with volatile organic compound (VOC) limits, biofilter requirements, and source testing issues arising out of air permit at organic waste recycling facility.
  • Represent client in connection with enforcement proceeding related to failure to have a permit for flare used for methane emissions.
  • Represent client in connection with application of Reasonably Available Control Technology (“RACT”) requirements associated with sulfur dioxide emissions (SO2).
  • Assist client with permit transfer requirements related to air permit at materials recovery facility and transfer station.
  • Helped client secure Authority to Construct (ATC) and Permit to Operate (PTO) establishing Best Available Control Technology (BACT) for industrial sector.
  • 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).
  • Successfully negotiated reduced penalty and resolved CARB enforcement matter in case evolving multiyear emissions limit violations.
  • Represent client in connection with development of CARB rule related to GHG reduction program.
  • Advocate for client to CARB regarding application of rule to client in waste management sector.
  • Advise client concerning emission reduction credit (ERC) compliance and acquisition options.
  • Negotiate agreement regarding client’s purchase of renewable energy certificates (RECs) and carbon credits.
  • Negotiate agreement for client’s purchase of carbon removal credits.
  • 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.