Richard A. Penna

Dick Penna specializes in environmental law and regulation, an area in which he has practiced in both the public and private sectors for over 30 years. He advises clients in the motor vehicle and aluminum products manufacturing industries regarding the impact of congressional, federal, and state agency requirements on a variety of matters. These include: motor vehicle emissions standards, fuel economy regulations, alternative fuels, plant sitings and operations, control of emissions of hazardous air pollutants from surface coating and other manufacturing processes, hazardous waste control, permitting, compliance, and enforcement matters.

Mr. Penna provides counsel on the development of emissions standards for air pollutants from motor vehicles, recreational marine, and lawn equipment, with particular expertise on the impact of compliance standards in Title II of the Clean Air Act. On behalf of his clients, he works closely with the Environmental Protection Agency (EPA), the National Highway Traffic Safety Administration (NHTSA), the California Resources Board, and other states that have adopted California’s emissions standards.

Mr. Penna played a leading role in the extended consideration of the Clean Air Act throughout the 1980s which resulted in the 1990 amendments. He has been active in numerous rulemaking actions that have resulted from the enactment of that law and has represented clients in enforcement actions brought by the EPA.

Mr. Penna has served as Vice Chairman of the American Bar Association Air Quality Subcommittee and is a frequent speaker on Clean Air Act and fuel economy programs.

Professional Background

From 1971 to 1977, Mr. Penna served in the Office of Enforcement and General Counsel of the EPA. He was involved in the development and litigation of State Implementation Plans for ozone (smog) and carbon monoxide reduction. From November 1978 to June 1981, Mr. Penna served as Assistant Director of the National Commission on Air Quality, a Congressionally mandated commission that was responsible for recommending modifications to the Clean Air Act.

Government Service

• Assistant Director, National Commission on Air Quality, 1978-1981
• Attorney, Office of Enforcement and General Counsel, U.S. Environmental Protection Agency, 1971-1977

Honors & Distinctions

• Best Lawyers in America; Environmental Law; 2006-2012
• Chambers USA; Environment; 2005-2011
• Legal 500 USA; Environment: Transaction & Regulatory; 2011
• Washingtonian; Environment; 2009, 2011

Speaking Engagements

• Environmental Law Institute: Understanding the New Climate and Energy Legal Landscape, January 27, 2010
• American Conference Institute: Environmental Regulation & Enforcement 2010, January 21, 2010
• Air Quality Regulation in California, April 14, 2008
• Massachusetts v. EPA Decision, May 16, 2007

News

• Three Van Ness Feldman Lawyers Recognized as Best Lawyers for Environment by Washingtonian Magazine
• For 7th Consecutive Year, Van Ness Feldman Professionals Are Among "The Best Lawyers in America"
• Van Ness Feldman’s Energy and Environmental Practices Receive National Recognition by Legal 500, The Clients Guide to the Legal Profession
• Van Ness Feldman’s Electricity, Oil & Gas, Environment, Government Relations, Climate Change, Native American, Transportation Practices Receive National Recognition by Chambers USA 2011
• For 5th Consecutive Year, Van Ness Feldman Professionals Are Among "The Best Lawyers in America"
• Van Ness Feldman’s Climate Change, Energy Practices Again Receive Top Rankings by Chambers USA 2010