EPA Elimination of CAA Affirmative Defenses: New Rule; Case-by-Case Enforcement; Defense Issues and Best Practices
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the history of the Clean Air Act's (CAA) affirmative defenses (ADs) and notable court decisions leading to the EPA's gradual elimination of ADs available to defendants including the new rule eliminating the AD for Title V violations in emergency situations. The panel will describe the effect on state programs and current legal challenges that may affect the new rule. The panel will address key issues and best practices for compliance and defense of enforcement actions.
- History of CAA affirmative defenses
- Case law leading to EPA's removal/omission of ADs
- Natural Resources Defense Council v. EPA
- U.S. Sugar Corp. v. EPA
- Sierra Club v. EPA
- EPA's recent history of action involving ADs
- New source performance standards (81 FR 40956)
- Emission guidelines for major sources (80 FR 72789)
- NESHAP for the Portland Cement Manufacturing Industry
- The new rule eliminating the Title V emergency AD
- Legal challenges against the EPA that may affect the new rule
- Best practices for compliance and defending enforcement actions
The panel will review these and other important issues:
- What has led to the EPA's removal or omissions of ADs under the CAA?
- How are state programs affected?
- What challenges face defense counsel with the elimination of the emergency AD?
- How may current legal challenges affect the new rule?
- What are best practices for compliance and defending enforcement actions given the limited ADs available?
Michael S. McDonough
Pillsbury Winthrop Shaw Pittman
Mr. McDonough focuses on defending enforcement actions, bringing regulatory challenges, and litigating with regulatory... | Read More
Mr. McDonough focuses on defending enforcement actions, bringing regulatory challenges, and litigating with regulatory agencies, including the EPA, the DOJ, and the California ARB, among others. He represents companies from a variety of industries, including energy production and importing, petroleum refining, freight transportation, consumer products, chemical manufacturing, and electronics manufacturing.Close
Baker & Hostetler
Mr. Wilson’s environmental practice includes bringing and defending litigation to advance client interests,... | Read More
Mr. Wilson’s environmental practice includes bringing and defending litigation to advance client interests, successfully resolving administrative enforcement actions, navigating permitting and compliance obligations involved in business expansions, and holistically assessing and managing legal risks presented by expansions, acquisitions or new regulatory developments. He focuses on federal and state programs under the Clean Air Act, but his experience also involves a wide variety of regulations related to hazardous materials, waste, water, and human health and safety.Close