Van Ness Feldman has an unparalleled depth of experience in air quality policy-making and analysis. Having played key roles in the development of the original Clean Air Act in the 1970s, and representing clients in every major legislative initiative related to the Act since, the firm is well regarded for its collaborative approach in providing clients analysis, program design, and counsel in the highly nuanced and evolving area of Clean Air Act implementation.
Syncing the firm’s climate change, environmental, and government attorneys and policy professionals, Van Ness Feldman represents electric utilities, pipelines, automakers, and manufacturers in various matters related to Clean Air Act implementation; legislative matters; agency rulemakings; enforcement proceedings; compliance planning; and facility permitting and siting.
In addition, Van Ness Feldman is at the forefront of emerging air quality policy issues, advising clients on potential initiatives to reform the Act, new market-based and incentive-based approaches, and probable controls on carbon dioxide.
FACILITY PERMITTING & SITING
Van Ness Feldman assists clients in preparing and obtaining necessary pre-construction and operation permits, as well as preparing assessments of environmental impacts as required under the Clean Air Act and state air quality laws. The firm’s attorneys are well-regarded for developing strategies to overcome objections to permits raised by agencies and citizen groups.
COMPLIANCE PLANNING & ENFORCEMENT PROCEEDINGS
The firm is highly-skilled at teaming with in-house technical and legal staff to determine applicable regulatory requirements, understand new market-based mechanisms, and to develop cost-effective compliance strategies. The team’s understanding of EPA and state policies, coupled with the firm’s long-standing relationships with agency personnel, helps Van Ness Feldman provide prompt, effectual responses to clients’ inquiries.
Van Ness Feldman’s experience and understanding of state and EPA enforcement policies and personnel allows the firm to represent clients with a creative approach—evaluating merits of agency claims and risks of litigation, and then developing resourceful strategies for prompt resolution of the matter.
MONITORING & PARTICIPATING IN AGENCY RULE-MAKINGS
Since the development of EPA’s initial mobile source program in the early 1970s, Van Ness Feldman has been involved in virtually all major rulemaking surrounding the implementation of the 1990 Clean Air Act Amendments.
The firm’s attorneys and policy professionals are highly regarded for identifying new state and federal regulatory developments affecting clients’ interests, and representing them throughout the promulgation process including developing comments on proposed regulations and testimony for public hearings.
When necessary, the firm represents clients in judicial challenges to final rules, and in many cases, Van Ness Feldman works directly with agency staff to develop alternative approaches that better serve clients’ interests.
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Van Ness Feldman represents clients’ interests in congressional debates on air quality-related issues and plays a central role in the development of key provisions in energy and tax legislation that affect environmental compliance planning.