Jonathan Martel concentrates his practice on Clean Air Act and related matters, including regulatory and compliance counseling, participation in EPA rulemaking activities, government and citizen enforcement actions, appellate litigation challenges to rules, and other litigation matters. Mr. Martel's recent work includes representation of automotive, engine, nonroad equipment, railroad, gasoline and renewable fuel, stored energy, and other diversified manufacturers. He appears regularly before US EPA, the various EPA regional offices, and various state agencies, including the California Air Resources Board. He served for several years in the Office of General Counsel of the US Environmental Protection Agency (EPA). While at the EPA, he was involved primarily in the implementation of the Clean Air Act Amendments of 1990.

Mr. Martel has been an adjunct professor of law at Georgetown University Law Center, where he taught courses on the Clean Air Act and environmental law, and speaks widely at professional conferences and law schools, including the University of Chicago Law School, the University of Michigan Law School, Vanderbilt Law School, and Villanova Law School. He has contributed the Clean Air Act chapter to the American Bar Association's book Global Climate Change and US Law, a chapter on the fuels provisions of the Clean Air Act for the American Bar Association's Handbook for the Clean Air Act, and the transportation chapter for the American Bar Association book, The Law of Clean Energy.

Mr. Martel is a graduate of Yale Law School, where he was an Editor of the Yale Law Journal. Mr. Martel served as a law clerk for Chief Judge Levin H. Campbell on the US Court of Appeals for the First Circuit from 1990-1991.

Mr. Martel's air quality work includes representation of clients with respect to both stationary and mobile sources of air emissions.

With respect to mobile sources, Mr. Martel has one of the leading practices representing automobile, engine, equipment and fuel manufacturers in compliance and enforcement matters under Title II of the Clean Air Act and parallel California requirements. He regularly assists in addressing vehicle and engine certification issues, defect reporting and recalls, importation, alternative fuel and technology issues, labeling and exemption issues, and enforcement matters. He has also represented manufacturers in rulemaking proceedings and litigation regarding those rules, litigation regarding preemption of state regulation, and consumer class action and tort claims relating to air emissions from mobile sources. Regarding fuels, he has assisted oil and gasoline blending in compliance and enforcement matters concerning gasoline regulations, and the renewable fuels industry with regard to EPA and California rulemaking and related litigation.

With respect to stationary sources, Mr. Martel assists in addressing, among other topics, permit issues, including New Source Review and New Source Performance Standards applicability and compliance; hazardous air pollutant (also known as "NESHAP" or "MACT") compliance and enforcement, Title V permitting, Regional Haze and Best Available Retrofit Technology rulemakings and disputes; rulemaking and compliance matters relating to National Ambient Air Quality Standards, and compliance matters under EPA's Greenhouse Gas Reporting rules.

Mr. Martel also represents manufacturers of consumer products with regard to the use of the Agency's Energy Star trademark.

Experience

  • Manufacturer of off-highway vehicles and engines in an EPA and California enforcement action regarding engine calibration mapping.
  • Major global automobile, engine and equipment companies and trade associations in a wide range of EPA, NHTSA and California regulatory matters, including defense of major enforcement actions alleging use of “defeat devices,” negotiation of an agreement on greenhouse gas emissions standards, negotiation of major recall investigations, compliance matters under the EPA and ARB greenhouse gas rules, congressional inquiries regarding those rules, litigation challenging or assisting in defense of major agency rules, and regulatory questions regarding labeling, onboard diagnostics, defect reporting, European greenhouse gas requirements, and federal fleet purchasing requirements.
  • Renewable fuels trade association and manufacturer in rulemakings and litigation regarding EPA renewable fuels regulations, registration requirements, and related requirements.
  • Major gasoline companies in defense of EPA enforcement actions concerning volatility, sulfur and benzene requirements for gasoline.
  • Stored energy company in developing plan to address more stringent National Ambient Air Quality Standards (NAAQS) and revised National Emissions Standards for Hazardous Air Pollutants (NESHAP) for lead.
  • Large US electric power company regarding New Source Review, Prevention of Significant Deterioration, Regional Haze, and other air quality matters, including litigation of rulemaking decisions and defense of citizen suit claims.
  • US chemical company in defense of US EPA claims for New Source Review and Prevention of Significant Deterioration violations, defense of US EPA claims for violations of hazardous air pollutant requirements, and assistance in air permitting, including for a major new plant with novel issues raised by emissions of greenhouse gases.
  • Refrigerator manufacturer and a ventilation fan manufacturer with regard to potential Energy Star disqualification.

Perspectives

The Legal 500: Environmental Updates–United States (pdf)
The Legal 500 Country Comparative Guides
Air Emissions Ruling Undermines EPA Guidance On CERCLA
Compliance Law360, Energy Law360, Environmental Law360, Public Policy Law360
Reporting Non-Compliant Air Emissions under CERCLA: District Court Upends Longstanding EPA Interpretation
Advisory
COVID-19: Implications for the Environmental Regulatory and Enforcement Landscape
Coronavirus: Environmental Webinar
Trump's Environmental Regulatory and Deregulatory Agenda at Risk Due to COVID-19
Coronavirus: Environmental Advisory
More

Recognition

Best Lawyers
Environmental Law (2009-2021)
"Washington, DC Lawyer of the Year" – Environmental Law (2016, 2018)
Washington, DC Super Lawyers
Environmental (2014-2020)
Chambers USA
Climate Change (Nationwide) (2010-2020)
Environment (DC) (2012-2020)
More

Credentials

Education
  • JD, Yale Law School, 1989
  • AB, Dartmouth College, 1986, summa cum laude, Phi Beta Kappa
Admissions
  • District of Columbia
Government & Military Service
  • Office of General Counsel, US Environmental Protection Agency
Clerkships
  • United States Court of Appeals, First Circuit, The Honorable Levin H. Campbell
Activities
  • Vice Chair, ABA Section on Environment Energy and Resources, Air Quality Committee (1994-Present)

  • Clean Air: Law, Policy and Practice Annual Advanced ALI-ABA Course of Study, co-sponsored by the Environmental Law Institute (ELI), Arnold & Porter LLP, Washington, DC (Co-Chair, 2007-2011)

Overview

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