Air Quality & Regulatory Compliance

Davis Graham & Stubbs LLP environmental lawyers have been representing clients in significant federal and state enforcement defense, litigation, and rulemaking proceedings under the Clean Air Act (CAA) and related state statutes for decades.  We regularly play a leading role in defending numerous oil and gas company clients in EPA’s national enforcement initiative focusing on storage tank emissions at upstream oil and gas production facilities. We also assist clients and regulators in crafting reasonable, effective emission control measures aimed at tackling the Denver Metro area’s long-term ozone nonattainment issue.  

We know the challenges of demonstrating compliance and reporting variances from compliance for sources under Title V operating permits, minor source construction permits, and dealing with related agency information requests.  We have handled many successful minor modifications of permits while avoiding the triggering of major source applicability.  We are also very familiar with the vagaries of permitting “aggregated” emissions from co-located sources and have been directly and prominently involved in some of the most significant national CAA aggregation cases.  We regularly advise  clients on how to comply with regulations regarding stationary engines, including New Source Performance Standards (NSPS)—including the recently-issued Quad Ob and Oc provisions—and National Emissions Standards for Hazardous Air Pollutants regulations such as Quad O/Quad Oa, Quad I, Quad J, and the RICE MACT provisions.  We have often assisted clients in responding to lengthy EPA and state information requests regarding their compliance with applicable air quality laws. 

We have also successfully navigated Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division applicability determinations, including top-down analyses for Best Available Control Technology (BACT) determinations and Regulation No. 3 Reasonably Available Control Technology (RACT) determinations for existing client facilities, as well as for various NSPS provisions.  We have handled several complex air quality enforcement actions, including a precedent-setting PSD judicial enforcement action by the Department of Justice and citizen suit enforcement in federal court challenging the validity of permits CDPHE issued to our clients.   

We understand the constant need for compliance evaluation and potential corrective actions.  Accordingly, we are well-versed in both state and federal environmental audit privilege and immunity laws and policies and the implementation of both large- and small-scale audits. 

We continue to be a significant presence in Colorado’s Air Quality Control Commission’s and Energy and Carbon Management Commission’s frequent rulemaking efforts, representing both private oil and gas operators and local governments.  These rulemaking efforts stem from the  Colorado Senate Bill 2019-181, Colorado Governor Jared Polis’ ongoing efforts to reduce emissions from the oil and gas sector, and other recent legislation addressing ozone non-attainment, climate action, and environmental justice.   

Climate Change 

Our clients have faced voluntary and mandatory greenhouse gas (GHG) reporting, new GHG emission reduction requirements, emerging theories of potential liability in climate change litigation, and public disclosure of the costs and risks posed by climate change issues. We have the multidisciplinary skills and experience to help our clients meet these rapidly evolving challenges.