Air Quality

Whether it is working with regulatory agencies to implement common-sense policies or obtaining the permits necessary to keep our clients’ facilities operating, Jackson Walker gets the job done. Our attorneys represent clients before the Texas Commission on Environmental Quality, the Railroad Commission, the Public Utility Commission, and the U.S. Environmental Protection Agency. Jackson Walker has long-standing working relationships with these regulators and knows how to navigate each phase of the regulatory process–from developing policy and legislation, to rule implementation, to day-to-day compliance.

  • We have secured air quality permits and permit amendments for electric generation facilities in Texas, and we continue to assist several electric power generation facilities with permit compliance issues and associated testing and reporting obligations. We are currently developing air quality permit applications for new electric generation facilities in Texas.
  • We have secured state and federal air quality permits, permit amendments, standard permits, and permits by rule for large steel manufacturing and recycling facilities in Texas, including air quality authorizations for ancillary steel fabrication and scrap processing facilities. We continue to assist these facilities with permit compliance issues and associated testing and reporting obligations.
  • Before EPA and TCEQ, we represented coalitions of electrical generating companies regarding the implementation of the Clean Air Interstate Rule, the Clean Air Mercury Rule, and the Dallas/Fort Worth and Houston/Galveston State Implementation Plans. This included developing emissions specifications for attainment demonstrations and system cap compliance mechanisms.
  • We represented the owner of a pre-cast concrete plant in Harris County, Texas, on several air quality matters, including a SOAH contested case hearing where we obtained a favorable Proposal of Decision, and the business owner received a Texas New Source Review Permit.
  • We regularly represent our clients in contested administrative proceedings, including proceedings with Hearings Examiners of the Railroad Commission of Texas and Administrative Law Judges at SOAH. In 2008-2009, Jackson Walker attorneys assisted a large chemical company with a variety of highly contested state regulatory matters. In particular, one of our attorneys with experience in environmental toxicology helped design a short-term ambient monitoring study that was used to prove that the site in question had little or no impact to the local air quality. In 2007-2008, we represented a large construction firm at SOAH on an air permit application for a new concrete batch plant.
  • We regularly represent trade associations in rulemaking processes, including TCEQ’s Overburden Removal Policy, Sand and Gravel Permit by Rule, the Anti-Circumvention Rule, and EPA’s CCR and Greenhouse Gas initiatives.

Superfund Butte Montana copper contamination site CERCLA

February 6, 2023

Expect New Standards for Landfills, Industrial Sites as EPA Tackles PFAS Discharge in Water

EPA recently issued the Effluent Guidelines Program Plan 15 to address the widespread “forever chemicals,” known as per- and polyfluoroalkyl substances (PFAS), found in water, air, fish, and soil around the world.

By Daniel Vineyard & Tyler Self

Power plant with Jackson Walker logo

July 6, 2022

U.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling

By Michael Nasi, Jennifer Caughey, Taylor Holcomb, & Cody Vaughn

The United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use of coal.” Citing the “major questions doctrine,” the Court explained that a Congressional delegation of “unprecedented power” requires a clear statement that is simply not present in the Clean Air Act.

Mike Nasi with Jackson Walker logo

September 1, 2020
Speaking Engagements

Mike Nasi to Present Clean Air Act Overview for Electric Utilities at EUCI Course

Austin partner Mike Nasi will open EUCI’s Environmental Law & Litigation 101 for Electric Utilities online course with a presentation on the history and current components of the Clean Air Act.

February 21, 2020
Speaking Engagements

Mike Nasi to Present “States’ Response to ACE” at The Energy Council’s 2020 Federal Energy and Environmental Matters Conference in Washington, D.C.

Jackson Walker partner Mike Nasi will address the impact of the ACE Rule on the state level during The Energy Council’s 2020 Federal Energy and Environmental Matters Conference.

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