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Air Quality

Arnold & Porter's leading Air Quality practices span regulatory and compliance counseling, participation in rulemaking activities, representation in government and citizen enforcement actions, and disputes litigation. Our team draws on the insights and experience of former EPA lawyers with decades of Clean Air Act experience. We represent clients in the automotive, engine, railroad, pharmaceutical, fuel, electric power, stored energy, and chemical industries across all aspects of the federal Clean Air Act, as well as various state programs — particularly California. We appear regularly before U.S. EPA, the various EPA Regional Offices, and the California Air Resources Board.

  • Leading "Mobile Source" Practice: Known for deep experience handling regulatory, compliance, and enforcement matters under Title II of the Clean Air Act and parallel California requirements.

  • Wide-Ranging Climate Practice: Recognized experience that includes defense of nuisance litigation, carbon capture and storage, major regulatory initiatives, rulemaking, and litigation involving multiple industries.

  • Extensive Experience With "Stationary Sources": Noted for handling the full range of Clean Air Act issues, permitting, and enforcement.

Mobile Source Services
Stationary Source Services
COVID-19 Environmental Enforcement Update

Experience Highlights

  • Automobile manufacturer in negotiating groundbreaking alternative greenhouse gas agreement with the California Air Resources Board.
  • Ethanol industry in rulemaking and litigation to remove barriers for using E15 (blend of 85 percent gasoline and 15 percent ethanol15).
  • Gasoline blender in defending against an enforcement action concerning compliance with reformulated gasoline rules.
  • Small engine manufacturer in defending against both an enforcement action brought by EPA and the California Air Resources Board and a related consumer class action.
  • Global truck and engine manufacturer regarding a wide range of regulatory, recall and enforcement matters.
  • Large ethanol manufacturer in regulatory proceedings and litigation concerning registration requirements for cellulosic ethanol production.
  • Automobile trade association in litigation concerning preemption of state and local tampering laws.
  • Major motorcycle, ATV and marine engine manufacturer regarding US, EPA and California regulation and enforcement of emissions requirements.
  • Leading fertilizer producer in defending against both US EPA claims for NSR/PSD violations and claims for violations of hazardous air pollutant requirements.
  • Fortune 500 energy company in compliance and enforcement matters concerning gasoline regulations, alternative fuels and regulatory adherence.