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Environmental Law

  • OVERVIEW
  • PROFESSIONALS

Clean Air Act

Our environmental attorneys have handled a wide variety of Clean Air Act issues, including Title V permit and nuisance suits defense, PSD and NSR permitting, NESHAP and NSPS compliance, State Implementation Plan (SIP) rulemaking, and compliance and related enforcement issues.
Partners
Cohen, Edward A.
Kellmeyer, Joseph M.
Kennedy, Crystal M.
Sonderegger, Paul T.
Stone, Brian C.
Strassner, Peter S.
Associates
Bousquet, Kimberly M.
Kemper, Ryan Russell
Linzer, Ross E.
EHS Senior Advisor
McCombs, Max W.
  • Agrium
  • American Commercial Barge Lines
  • Bemis Company
  • BNSF Railway
  • Bunge North America
  • CKE Restaurants (Hardee's)
  • ConocoPhillips
  • ExxonMobil Coal & Minerals
  • ExxonMobil
  • Insituform Technologies
  • Kansas City Southern Railway
  • Laclede Gas
  • Mallinckrodt
  • Norfolk Southern
  • United Van Lines 
  • WCA Waste Corporation
Clean Air Act Experience

Successful Title V Permit Defense
In 2008, Thompson Coburn represented one of the largest waste handlers in the world in its successful efforts to obtain a Title V permit for a hazardous waste incinerator. The permit is essential to the operation of the company's business. With our assistance, our client also 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.