Rulemaking and Regulatory Challenges

Working at the intersection of public policy and litigation, our recognized strength is helping resolve complex, novel or costly environmental-related regulatory issues. We guide our clients through the full regulatory lifecycle—from policy development through rulemaking and litigation challenging the rules to implementation/compliance and enforcement—across all major US environmental laws and the comparable state regulatory programs. Representing clients against government-initiated regulatory compliance actions that can threaten their core products and business sectors, we draw on our decades of government experience to navigate EPA and other government agencies when seeking and securing regulatory interpretations and clarifications; commenting upon proposed rulemakings; petitioning or intervening in judicial review of final rules, especially in the DC Circuit; filing merits and amicus briefs in the Supreme Court; and preparing legislative strategies.

Extensive Government Experience: Former leadership roles in the EPA, DOJ and other federal or state agencies give us the insight, credibility and reputation for integrity to advocate effectively on behalf of our clients.

Full Range of Regulations: Counseling across all major US environmental laws, including the Clean Air Act, Clean Water Act, Oil Pollution Act, Endangered Species Act, CERCLA, RCRA, TSCA, FIFRA, EPCRA, OSHA and NEPA.

Experience Highlights

  • Honeywell in regulatory proceedings and litigation challenging EPA's rule under the Clean Air Act's Significant New Alternatives Program (SNAP) to prohibit high global warming potential hydrofluorocarbon (HFC) chemicals in favor of its new alternatives, called hydrofluoroolefins (HFOs), that do not pose global warming risks.
  • The Alliance for Automotive Innovation in litigation challenging California regulations authorizing mandatory recalls for noncompliance with on-board diagnostic system requirements.
  • National Biodiesel Board on an amicus brief in Holly Frontier v. EPA, a Supreme Court case reviewing the Tenth Circuit's decision striking down small-refinery exemptions that EPA had granted under the Renewable Fuels Standard (RFS) Program.
  • Outdoor recreation companies in filing a DC Circuit brief supporting a challenge to the rescission of the Clean Power Plan and enactment of the Affordable Clean Energy Rule.
  • Truck Trailer Manufacturers Association in challenging EPA and NHTSA rules imposing greenhouse gas emission standards on truck trailers. Matter pending after oral argument in the DC Circuit.
  • Growth Energy, the leading biofuels trade association, in efforts to relieve regulatory restrictions on marketing gasoline/15 percent ethanol (E15) blends; as intervenor on behalf of EPA defending the E15 rule against a challenge in the DC Circuit, where we argued the case; and in a challenge to EPA's annual rulemaking under the renewable fuel standard.
  • POET in a range of regulatory compliance, rulemaking and litigation matters, including representing it in litigation in the Eighth and the DC Circuits regarding EPA's position on granting renewable fuels credit for cellulosic ethanol generated from corn kernel fiber.
  • A leading Canadian producer and marketer of renewable biogas in DC Circuit litigation challenging EPA's final rule setting cellulosic biofuel volumes for purposes of the annual Renewable Fuel Standards (RFS) Rule under the Clean Air Act.
  • PPL Corp. in successfully representing its Ninth Circuit challenge to EPA's Regional Haze decision and against challenges brought by the National Parks Conservation Association, the Sierra Club and other environmental groups. The court of appeals vacated EPA's rule as arbitrary and capricious.
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