Britt Speyer Fleming

Clean Air Act Compliance, Enforcement, & Permitting 

• Advises electric utilities on compliance strategies related to the U.S. Environmental Protection Agency’s (EPA) new regulatory requirements for air toxics, water, and waste. Representation includes meetings and interaction with EPA Headquarters and applicable EPA regional offices. 
• Worked closely with a large public utility client to obtain a Federal Power Act 202(c) Emergency Order to address potential non-compliance with environmental regulations.  Representation required interaction with the Department of Energy (DOE). 
• Assists natural gas pipeline companies with Clean Air Act issues raised during the certification process before the Federal Energy Regulatory Commission (FERC), as well as during the state environmental permitting process. 

Vehicle & Engine Emissions Regulation & Enforcement 

• Represented manufacturers of off-road engines and manufacturers of recreational vehicles in enforcement actions involving allegations of Clean Air Act violations (certification, labeling).  Resolution involved extensive interactions with attorneys from EPA’s OECA and the Department of Justice (DOJ) to develop a mitigation strategy and penalties.  
• Represented heavy-duty engine manufacturers, off-road engine and equipment manufacturers, and recreational vehicle manufacturers before the California Air Resources Board (CARB) in resolving alleged violations of California's emission certification, labeling, and reporting requirements.  Settlement negotiations involved CARB enforcement and legal staff.   
• Represented a non-profit organization in federal appellate challenges to EPA’s decision to grant a waiver of federal preemption for California’s Small Off-Road Engines (SORE) emissions standards, that impact manufacturers nationwide. 

Air Toxics Rulemaking, Policy, & Industry  Counseling 

• Represented an association of automobile manufacturers in the strategy and rule development for air toxics regulations applicable to numerous plant operations, including surface coating (auto, plastic and metals), gasoline distribution, emergency engines, liquids storage, engine testing, and industrial boilers, among others. Engagement entailed working with companies to respond to the Information Collection Request, drafting comments, supplemental comments and technical amendments, and organizing and attending meetings with EPA staff and management and the Office of Management and Budget (OMB).   
• Challenged, on behalf of an industry association, EPA’s air toxics rule applicable to reciprocating internal combustion engines (RICE). Representation involved meetings with Department of Justice (DOJ) and EPA Office of General Counsel (OGC) attorneys and developing consensus-based settlement with client association and other associations in the consolidated proceeding.