Davis Graham & Stubbs LLP environmental lawyers have extensive experience representing clients in important aspects of air quality and climate change regulation and enforcement defense. We have participated in significant federal and state enforcement defense, litigation, and rulemaking proceedings under the Clean Air Act (CAA) and equivalent state statutes and regulations for several decades. Recently, we played a leading role in defending numerous oil and gas companies in EPA’s national enforcement initiative focusing on storage tank emissions at upstream oil and gas production facilities and assisted clients and regulators tackle the problem of ozone attainment and the related adoption of reasonable and effective control regulatory measures.
We know the challenges of demonstrating compliance and reporting variances from compliance under Title V operating permits, minor source construction permits, and agency information requests. We have handled many successful minor modifications of permits, while avoiding the triggering of major source applicability. We are familiar with the vagaries of permitting “aggregated” operations and have been directly and prominently involved in some of the most significant recent national CAA aggregation cases. We are also experienced at permitting and advising compliance for stationary engines, including those subject to New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations such as Quad O/Quad Oa, Quad I, Quad J, and the RICE MACT provisions. We have assisted in responding to burdensome EPA and state information requests regarding compliance with applicable air quality laws.
We have also successfully navigated Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division applicability determinations, including top-down analyses for Best Available Control Technology (BACT) determinations, and Regulation No. 3 Reasonably Available Control Technology (RACT) determinations for client facilities, as well as various NSPS provisions and process plan requirements. We have handled several complex air quality enforcement actions, including a precedent-setting PSD judicial enforcement action by the Department of Justice and several Compliance Orders.
We understand the constant need for compliance evaluation and the implementation of potential corrective actions. Accordingly, we are well-versed in both state and Federal audit immunity laws and policies and the implementation of both large- and small-scale audits.
We continue to be a significant presence in Colorado’s Air Quality Control Commission and Oil and Gas Conservation Commission ongoing rulemaking efforts, representing both private oil and gas operators and local governments. These landmark rulemaking efforts stem from the recent Colorado Senate Bill 181 and Colorado Governor Jared Polis’ ongoing efforts to reduce statewide emissions.
Our clients have faced voluntary or mandatory greenhouse gas (GHG) reporting, new GHG emission requirements, emerging theories of potential liability in climate change litigation, and public disclosure of the costs and risks posed by climate change issues. We have the multidisciplinary skills and experience to help our clients meet these new and evolving challenges.
GHG & the Clean Air Act (CAA)
On June 7, 2023, Governor Jared Polis signed into law House Bill 23-1294, titled “Pollution Protection Measures,” which establishes a...
Three recent air quality developments will have a significant impact on regional oil and gas facilities: (1) the Colorado Air...