CLEAN AIR ACT
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CONTACT
- Ryan Russell Kemper
- 314 552 6321 314 552 6321 direct | Email
- Paul Sonderegger
- 314 552 6154 314 552 6154 direct | Email
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SERVICE AREAS
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RELATED PRACTICES
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RELATED INDUSTRIES
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REPRESENTATIVE CLIENTS
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Agrium, Inc.
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American Commercial Barge Line
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ArcelorMittal USA Inc.
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Baldor Electric Company
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Barry-Wehmiller
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Bemis Company
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BNSF Railway Company
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CKE Restaurants (Hardee’s)
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Clayco, Inc.
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Crop Production Services
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Kansas City Southern
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Mallinckrodt Plc
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McCormack Baron Salazar, Inc.
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Metropolitan St. Louis Sewer District
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Norfolk Southern
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QuikTrip Corporation
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U.S. Bank National Association
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Union Tank Car Company
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United Van Lines
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Greenhouse Gas Regulations
We recently assisted a major company in its efforts to comply with EPA’s new greenhouse gas (“GHG”) regulatory scheme. We provided advice regarding the implementation of the GHG Tailoring Rule, which impacts stationary sources through the PSD permit program and the Title V Operating Permit program. In addition, we provided analysis and advice concerning the Tailoring Rule’s impact on existing obligations under the New Source Performance Standards and implications under EPA’s GHG Reporting Rule. Our work also included an analysis of pending legal challenges to the scheme.
Successful Title V Permit Defense
In 2008, Thompson Coburn represented one of the largest waste handlers in the world in its efforts to obtain an Air Pollution Control Title V Permit to Operate essential to the operation of the company’s Southern Illinois hazardous waste incinerator. With our assistance, our client successfully defended its permit against challenges by the Sierra Club and other environmental groups.
Disqualification of Plaintiff’s Experts
In this lawsuit before the United States District Court for the Southern District of Illinois, two local residents claimed that our client had negatively impacted their property and their health through water and air pollution associated with the coal mine. After extensive discovery, we filed Daubert motions to strike the plaintiffs' groundwater, air, and health experts and simultaneously moved for summary judgment. The District Court granted our motions in all respects, finding that the experts lacked a reliable, scientific methodology in deriving their opinions and without such expert testimony, the plaintiffs could not prove causation. The plaintiffs appealed some of the District Court’s rulings to the Seventh Circuit, which affirmed in all respects.
Successful Challenge to Missouri Asbestos Rules
We represented an asbestos contractor who brought a declaratory judgment challenging the Missouri asbestos rules. After the trial court determined that the rules were not valid, the state appealed to the Missouri Supreme Court. The Supreme Court affirmed the trial court’s decision.
Indoor Air Quality Lawsuits
Thompson Coburn has successfully defended numerous indoor air quality lawsuits. Most of these have focused on mold allegations. The plaintiffs have sought both personal injury and property damages. We have also counseled many clients on how to minimize or address indoor air and mold claims.
Climate Change and Carbon Credits
We assisted a 4,000-acre tree farm in evaluating the feasibility of implementing a carbon sequestration project in order to obtain marketable carbon credits. We worked with the farm's forester to evaluate the potential amount of carbon sequestered by the project and with different carbon registries and aggregators to evaluate the amount of carbon credits that could be issues.
Publications
Long-Awaited SEC Climate Disclosure Rule Draws Legal Challenges Across the Ideological Spectrum
California's New Environmental Disclosure Laws Mandate Corporate Transparency
Federal Trade Commission to seek comments on Proposed Updates to its “Green Guides”
Maine’s PFAS product reporting deadline is quickly approaching: Are you ready?
EPA announces proposed rule on HFC allowance allocations for 2024-2028
A brief primer on PFAS litigation: Trends and future disputes
EPA continues to advance aggressive PFAS strategy with new RCRA rulemakings
SEC emphasizes ESG by establishing new website and taking public comments on climate disclosure
EPA recommends new requirements in NPDES permits to address PFAS in wastewater and stormwater
How the Atlantic Richfield decision may impact the EPA Model Consent Decree template
Supreme Court expands reach of Clean Water Act to cover some discharges to groundwater
CSB’s new accidental release reporting rule expands facilities’ reporting obligations
‘Dark Air': Why industries should prepare for regulation of PFAS air emissions
The sky’s the limit as the EPA releases a flurry of 2019 air permitting guidance and proposals
DOJ curtails use of supplemental environmental projects in environmental settlements
EPA formalizes approach to avoid federal and state duplication of inspections and enforcement
Air rules to watch for in second half of 2019
EHS voluntary compliance prevents injuries and saves money
EPA announces ‘adjacent’ under Clean Air Act now limited to physical proximity
Uh-oh, y’all: EPA’s action against ‘Fixer Upper’ stresses importance of lead paint rules
5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions
What to do when the government comes calling: A checklist for handling facility inspections
Environmental deregulation under President Trump: Business as usual?
5 tips for environmental due diligence in business transactions
New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases
EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act
Do you need a Section 404 permit for your real estate development?
DOJ shifts enforcement of worker safety violations to Environmental Crimes Section
Supreme Court overturns EPA’s 'Tailoring Rule,' upholds GHG BACT for 'anyway' sources
Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities
Blog Posts
Downstream drama: Iowa utility can’t recover damages from county drainage districts
No-GMOs are a no-go in Oregon and Hawaii
9th Circuit sends herbicide debate back to the EPA
Can the California A.G. limit those incessant Prop 65 lawsuits?
News
Ryan Russell Kemper and Paul Sonderegger Named to Environmental & Energy Law Power List
Chambers USA Recognizes Thompson Coburn Practices for Excellence in 2023 Guide
Thompson Coburn attorneys recognized in 2022 Chambers USA
St. Louis Boys & Girls Club announces plans for youth golf facility at former Superfund site
Thompson Coburn attorneys recognized in 2020 Chambers USA
St. Louis litigators John Galvin, Suzanne Galvin join Thompson Coburn
Congratulations to our 14 ‘Lawyers of the Year’ for 2020
17 Thompson Coburn attorneys recognized in 2019 Chambers USA
Peter Strassner talks to Best Lawyers about Thompson Coburn’s environmental practice
Thompson Coburn earns 11 national top-tier rankings in U.S. News 2019 ‘Best Law Firms’ survey
Thompson Coburn’s Environmental practice group celebrates top rankings
Congratulations to our 14 ‘Lawyers of the Year’ for 2019
Barry Klinckhardt, Susan Myers among 2018 Corporate Counsel Award winners
Crystal Kennedy inducted into the Commercial Real Estate Hall of Fame
Thompson Coburn earns 12 national top-tier rankings in U.S. News ‘Best Law Firms’ survey
Ryan Russell Kemper named to St. Louis Business Journal’s 40 Under 40 list
Congratulations to our 2017 ‘Lawyers of the Year’
Ryan Russell Kemper to head United Way fundraising effort
23 Thompson Coburn attorneys recognized in 2016 Chambers USA
Eric Boyd hosts discussion with retired EPA official to kick off Clean Air Act seminar
25 Thompson Coburn attorneys recognized in 2015 Chambers USA
Congratulations to our 15 St. Louis ‘Lawyers of the Year’
St. Louis Business Journal covers Thompson Coburn’s work on unique Superfund settlement
Chemical Safety Board investigator shares insights from two high-profile environmental incidents
27 Thompson Coburn attorneys recognized in 2014 Chambers USA
Ryan Kemper, Thompson Coburn environmental practice featured in St. Louis Lawyer
EPA, Boys & Girls Club announce $30 million cleanup of Superfund site
Eric E. Boyd joins Thompson Coburn's Environmental Group
Real Estate group supports $51 million apartment complex purchase
19 Thompson Coburn partners named 2013 St. Louis Lawyers of the Year
Paul Sonderegger appointed chair of environmental law committee for St. Louis bar
Thompson Coburn wins Illinois Supreme Court victory for ExxonMobil Coal
Peter Strassner named St. Louis Environmental Lawyer of the Year
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Partner
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Chicago
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Eric represents clients in litigation, regulatory compliance, and transaction matters with respect to all of the major environmental programs. Eric represents clients in litigation, regulatory compliance, and transacti... |
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Associate
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St. Louis
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As a litigator with the Environmental Group, Tim is dedicated to achieving client goals in complex environmental disputes and regulatory matters. As a litigator with the Environmental Group, Tim is dedicated to achieving ... |
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Partner
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St. Louis
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Sara assists clients in identifying, navigating and responding to environmental risks and liabilities. Sara assists clients in identifying, navigating and responding to environme... |
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Partner
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St. Louis
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Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation. Ed has substantial experience in a wide range of complex lawsuits, most of ... |
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Partner
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St. Louis
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John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou... John represents domestic and international clients in complex litigation an... |
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Partner
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St. Louis
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Suzanne is a versatile litigator who finds creative solutions for clients facing difficult and protracted legal battles. Suzanne is a versatile litigator who finds creative solutions for clients f... |
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Partner
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St. Louis
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Ryan has a broad and diverse practice serving clients navigating sophisticated matters related to air, water, land, energy, agriculture, emergency response and climate is... Ryan has a broad and diverse practice serving clients navigating sophistica... |
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Partner
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St. Louis
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Crystal has 30+ years of national environmental experience and leads the transactional area of the Firm's environmental practice. Crystal has 30+ years of national environmental experience and leads the tr... |
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Partner
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New York
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Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest... Steve represents financial institutions, businesses and constituencies in m... |
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Partner
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St. Louis
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Paul is a highly effective litigator and regulatory compliance attorney who has resolved environmental and real estate/construction disputes in state and federal courts a... Paul is a highly effective litigator and regulatory compliance attorney who... |
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Partner
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St. Louis
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Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l... Peter is an environmental attorney who helps companies respond to major env... |
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