Environmental Law and Policy

As environmental legislation and regulation grow in complexity, and companies face ever-shifting demands of lawmakers and regulators, it is increasingly important for industry concerns to be voiced in the public policy debate. Katten’s Environmental Law and Policy Practice helps a broad variety of clients ensure that their views are heard on Capitol Hill, throughout the regulatory agencies, and in state and regional arenas.

Our attorneys—including a former counsel to the House Energy and Commerce Committee who was instrumental in passage of the Clean Air Act Amendments of 1990—bring a keen understanding of environmental law together with deep knowledge of the legislative and congressional processes, and have established decades-long relationships with key members of Congress and their staffs. We regularly work closely with consultants, public policy advocates and strategic communications experts to deal with environmental and energy issues that are often controversial.

Recent engagements include:

• Serving as counsel to the Air Permitting Forum, a group of Fortune 100 companies dedicated to promoting the development of efficient and effective construction and operating permitting strategies under New Source Review (NSR) and Title V of the federal Clean Air Act and state programs.
• Successfully advocating before the U.S. Environmental Protection Agency for changes to a chemical regulation under Section 112 of the Clean Air Act, thereby reducing the costs of the rule by $70 million.
• Representing major energy companies, manufacturers and trade associations on climate change legislation, including the Waxman-Markey bill, and analyzing the potential impact of the legislation or, if legislation fails to pass, regulations that may ensue.
• Providing advice on regulatory actions that EPA has issued to address climate change, including greenhouse gas standards for motor vehicles, permitting requirements for sources of greenhouse gases and the finding of endangerment for motor vehicle greenhouse gas emissions under the Clean Air Act, as well as analyzing the interaction between state initiatives and actions under the Act.
• Providing advice and counsel to trade associations and lobbying on the Energy Investment and Security Act and the Energy Policy Act.
• Obtaining a non-applicability determination for a manufacturing industry regarding EPA’s incinerator rules issued under Section 129 of the Clean Air Act.

Professionals