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CLEAN AIR ACT

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

EPA Final Rule may keep projects at existing major sources from triggering stringent pre-construction permitting requirements

2020 ‘Waters of the United States’ Rule narrows federal authority and may open opportunity for development

How the Atlantic Richfield decision may impact the EPA Model Consent Decree template

Can’t comply with EPA during the pandemic? Documentation is key

Supreme Court expands reach of Clean Water Act to cover some discharges to groundwater

EPA Inspector General sends message to EPA: Communities must have better access to health risk information

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

Kina Hart’s message to EHS leaders: ‘Don’t leave safety to others’

‘Waters of the United States’ rule from EPA, Corps may make real estate development more easily achievable and less costly

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

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

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

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

Do you need a Section 404 permit for your real estate development?

Former head of OSHA discusses workplace injury policies, DOJ enforcement

Missouri municipal entities must follow statutorily-required steps before executing settlement agreements

DOJ shifts enforcement of worker safety violations to Environmental Crimes Section

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

Supreme Court overturns EPA’s 'Tailoring Rule,' upholds GHG BACT for 'anyway' sources

Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

TCLE

Law and Order in the Time of COVID-19: Does EPA’s Temporary Enforcement Policy Apply to Me?

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

St. Louis Boys & Girls Club announces plans for youth golf facility at former Superfund site

Congratulations to our 2021 Best Lawyers ‘Lawyers of the Year’ and ‘Ones to Watch’

Thompson Coburn attorneys recognized in 2020 Chambers USA

Former Director of Illinois EPA Renee Cipriano joins Thompson Coburn

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

Boys & Girls Clubs of Greater St. Louis honors Thompson Coburn for pro bono work on Superfund cleanup site

Eric E. Boyd joins Thompson Coburn's Environmental Group

Thompson Coburn attorneys to collaborate with St. Louis City Counselor’s office on problem properties

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

Counsel
St. Louis
314 552 6153

Eric assists clients across a wide range of environmental fields, drawing on his extensive experience in compliance counseling, transactional matters and litigation to re...

Eric assists clients across a wide range of environmental fields, drawing o...

Eric Berry
Partner
Chicago
312 580 2214

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...

Eric Boyd
Associate
St. Louis
314 552 6448

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 ...

Tim Briscoe
Partner
St. Louis
314 552 6112

Sara defends clients in a variety of environmental litigation and regulatory enforcement matters.

Sara defends clients in a variety of environmental litigation and regulator...

Sara Chamberlain
Partner
St. Louis
314 552 6553

Renee provides strategic counseling to companies on their most pressing environmental concerns, from statutory and regulatory requirements and legislative approaches, to ...

Renee provides strategic counseling to companies on their most pressing env...

Renee Cipriano
Partner
St. Louis
314 552 6019

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 ...

Ed Cohen
Partner
St. Louis
314 552 6341

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...

John Galvin
Partner
St. Louis
314 552 6338

Suzanne is a versatile litigator who has spent her career finding solutions for clients facing difficult and protracted legal battles in a variety of industries and juris...

Suzanne is a versatile litigator who has spent her career finding solutions...

Suzanne Galvin
Partner
St. Louis
314 552 6166

Joe is an experienced environmental law counselor who provides actionable, common-sense advice to clients on a wide array of regulatory and litigation issues.

Joe is an experienced environmental law counselor who provides actionable, ...

Joe Kellmeyer
Partner
St. Louis
314 552 6321

Ryan is a problem-solver who works to create opportunities for clients dealing with environmental and energy issues, property disputes, commercial litigation, and governm...

Ryan is a problem-solver who works to create opportunities for clients deal...

Ryan Russell Kemper
Partner
St. Louis
314 552 6168

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...

Crystal Kennedy
Partner
St. Louis
314 552 6154

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...

Paul Sonderegger
Partner
Washington, D.C.
202 585 6915

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...

Peter Strassner