Environmental Litigation & Regulatory Compliance

Represented client to response to several lawsuits to defend permits granted under the Clean Air Act to construct a steel plant in south Louisiana, to represent the client before the Louisiana Department of Environmental Quality in reference to administrative actions involving various environmental permits, and to represent the client in citizens’ suits against other entities alleging environmental regulatory violations.

Represented a major steel manufacturer in challenging the validity of a Title V and Prevention of Significant Deterioration (“PSD”) permit under the Federal Clean Air Act granted by the Arkansas Department of Environmental Quality (“ADEQ”). The case is one of significance because it is the first PSD permit issued by ADEQ under the new Federal PM2.5 National Ambient Air Quality Standard.

Served as consulting counsel, reviewing and commenting on work of enrolled counsel, in state court appeal by Louisiana Action Network of client’s modified Title V/Part 70 Air Operating Permit and Prevention of Significant Deterioration (“PSD”) permits, resulting in successful dismissal of the appeal.

Representation of various oil and gas clients and mineral owners with LDNR/Office of Conservation in connection with regulatory aspects of legacy claims, including, post-settlement plan review and approval, pre-settlement/judgment testing responses, and responses to emergency and other orders issued by the Office of Conservation.

Served as special counsel for the Louisiana Public Service Commission (LPSC) seeking to overturn the EPA’s Cross State Air Pollution Rule (CSAPR). The United States Court of Appeals for the D.C. Circuit granted the motion for stay that the LPSC jointly filed in October with the Louisiana Department of Environmental Quality and the Louisiana Attorney General’s Office pending the Court’s resolution of the petitions for review. Following a judgment in favor of the consolidated petitioners by the D.C. Circuit, the U. S. Supreme Court granted the writ for certiorari by the EPA. The U. S. Supreme Court reversed the Court of Appeals and remanded the case for further consideration.

Representation of a major national steel manufacturer in response to several lawsuits in both Louisiana State Courts and the United States Eastern District of Louisiana defending permits granted it under the Clean Air Act to construct an almost billion dollar steel facility in south Louisiana. The firm is also representing this client before the Louisiana Department of Environmental Quality in reference to administrative actions involving various environmental permits. In addition, we are representing this client in citizens’ suits against other entities alleging environmental regulatory violations.

Representation of a materials management company in significant permitting and compliance enforcement actions before the Louisiana Department of Environmental Quality, including orders from the Department to cease and desist operations. The firm has successfully negotiated these issues with the Department to allow the client to continue operations and have led the client to better operational and management practices.

Representation of a leading oilfield service provider with compliance issues involving sewer treatment systems at a location in Venice, Louisiana. We have successfully negotiated these issues with the Department, and assisted the client in managing its permit reporting and compliance systems to avoid future environmental compliance issues.

Representation of a client to provide legal oversight of environmental remediation and claims against an industrial neighbor following an ignition of stored chemicals resulting an extreme explosion and fire. Firm attorneys were on-site for several days, working with the management team to work with evacuated workers, compromised air and water quality, destroyed buildings and property, law enforcement, the Louisiana Department of Environmental Quality, insurance adjusters, and related entities.

Representation of client with LDNR/Pipeline Division to secure written finding that proposed liquids pipeline was not subject to regulation under title 195.

Representation of an integrated energy company in connection with its development of a high-voltage direct current transmission system across Louisiana to tie electric distribution utility systems situated in the Southeastern United States to the wind power generation facilities within the boundaries of the Electric Reliability Council of Texas. Work includes the acquisition and exercise of options to acquire Louisiana property sites for AC/DC converter stations, the development of transmission right of way forms to be utilized in the acquisition of the transmission line corridors across Louisiana and Mississippi, and the introduction of the project to Louisiana state and public elected officials and regulatory agencies.