Air Quality

Clearing the air for healthy, cooperative business

As environmental regulations become increasingly relevant to the business world, Brownstein Hyatt Farber Schreck continues its dedication to responsible environmental representation with a suite of highly focused natural resources practices. One of our most accomplished niche practices is the Air Quality Group, a set of attorneys with substantial experience handling matters of air quality and the related regulatory requirements. Functioning as part of a comprehensive collection of environmental law services, the Air Quality Group provides progressive counsel to help today’s businesses excel in a climate of growing environmental sensitivity.

The Air Quality Group represents a range of clients in all facets of air quality-related permitting, compliance, enforcement and rulemaking at the federal, state and local levels. Our work with permitting under the federal Clean Air Act includes Title V operating permits, new source review and new source performance standards. At both the federal and state levels, the group has significant experience assisting businesses with hazardous and toxic air pollutant issues.

The Air Quality Group routinely works with local air quality management districts, state air pollution control agencies and federal enforcement agencies. Our extensive background working with these agencies helps us advise clients in a way that moves their projects forward without tedious or expensive regulatory challenges. Our cases have included advising a wine production facility on permitting issues, negotiating a penalty reduction for a cement batch plant, arranging the purchase and sale of emission reduction credits, and defending a proposed multimillion-dollar fine for operation of portable drilling equipment. In addition to advising clients on permitting and variance issues, we regularly help a wide range of operations obtain stipulated orders for abatement that allow continued facility operation pending permit modifications.

Industry-leading experience
Air Quality Group attorneys have extensive experience litigating final agency actions and enforcement proceedings. We have represented coal-fired power plants, generation and transmission companies, cement manufacturers, bicarbonate solution mining, high-tech resin producers and many other operations with air quality concerns.

• The Air Quality Group brings decades of combined experience to a range of clean air issues, including: 
• Defense against citizens’ suits under the Clean Air Act alleging improper use of RECLAIM Trading Credits 
• Challenges to state regulations limiting the organic compound contents of various paints 
• Defense, negotiation and settlement of alleged violations of state and federal Clean Air Act permits and regulations 
• Amendment of existing permits for facility expansion or modification 
• Defense of citizen suit litigation in regard to alleged noncompliance 
• Permitting of new operations

Services

State Administrative Proceedings. The Brownstein Air Quality Group represents clients in administrative rulemaking proceedings before local air districts and state natural resource boards, including the California Air Resources Board, in areas such as NOx emissions, architectural coating ingredients, aerosols and adhesives.

Clean Air Act Representation. Members of the Air Quality Group bring significant experience dealing with the Clean Air Act, including work on Title V operating permits, new source review and new source performance standards.

Air Pollutant Issue Resolution. We work with companies on issues related to hazardous and toxic air pollutant issues at both the state and federal levels. Our representation includes government relations work with the appropriate government enforcement agencies, as well as representation in front of local and state boards.

Air Quality Litigation. Our goal is to counsel clients on ways to prevent court-driven proceedings and enforcement actions. However, when litigation is unavoidable, our members call on substantial experience litigating in a variety of local, state and federal contexts. Group members have particularly robust experience litigating final agency actions and enforcement proceedings, as well as citizen suits alleging regulatory noncompliance.