Shannon S. Broome

Partner
shannon.broome@kattenlaw.com
San Francisco Bay Area Office
p+1.415.293.5818
f+1.415.704.3151
Washington, DC Office
p+1.202.625.3715
f+1.202.295.1125
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Overview

Shannon S. Broome counsels and represents clients on a range of environmental matters before local and federal courts and administrative agencies. She is a member of Katten's Environmental practice group and heads the firm's Air Quality and Climate Change practice. Co-located in the firm's San Francisco Bay Area and Washington, DC offices, Shannon's bi-coastal practice allows her to serve clients nationally and in California, a jurisdiction that is frequently at the forefront of environmental regulation.

Shannon advocates on behalf of her clients on numerous federal environmental statutes, including the Clean Air Act, Energy Policy Act of 2005, Energy Independence and Security Act of 2007, Emergency Planning and Community Right-to-Know Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, Clean Water Act, Federal Insecticide, Fungicide, and Rodenticide Act, Federal Food Drug and Cosmetic Act, Clean Water Act and Comprehensive Environmental Compensation Liability and Recovery Act, as well as state environmental statutes and regulations, including the California Global Warming Solutions Act (AB32), California's Low Carbon Fuels Standard and the California Environmental Quality Act. She has extensive litigation experience challenging and defending Environmental Protection Agency (EPA) regulations before federal appellate courts and has litigated many environmental permit appeals before environmental hearing boards in various states. Shannon is also deeply experienced in environmental enforcement matters.

Shannon's clients describe her as an "outstanding lawyer – very practical, effective, extremely smart and incredibly knowledgeable" (Chambers USA).

Shannon also focuses her practice on government affairs, involving advocacy before US EPA, Department of Energy, the White House, Congress and state environmental agencies and administrations, including Arizona, California, Colorado, Indiana, Michigan, Texas, Utah, Washington and Wyoming, on implementation and enactment of environmental statutes and regulations. She testified before Congress in oversight hearings on EPA's implementation of the Clean Air Act and has assisted many clients in participating in the legislative process on a range of statutes, including legislation related to climate change and energy issues.

She is a nationally recognized authority on Clean Air Act matters with more than 20 years of experience addressing all aspects of the Act, representing clients in a variety of manufacturing and energy sectors, including automotive, aerospace, pharmaceutical, chemical, paper, alternative fuels, power generation and utilities. Chambers USA describes Shannon as "a veritable Clean Air Act encyclopedia," stating that "her strong technical engineering background has been an invaluable asset" and noting that her "record of success speaks for itself."

Shannon also concentrates on the development of greenhouse gas requirements under all provisions of the Clean Air Act and greenhouse gas regulation under ancillary statutes, such as the Endangered Species Act and common law (nuisance). She represented a coalition of 20 trade associations in eight challenges to EPA's greenhouse gas regulatory approach in the US Court of Appeals for the DC Circuit, which is currently pending before the US Supreme Court.

She represents a major trade association in federal court litigation challenging California's attempt to reduce the greenhouse gas effects of fuels through adoption of a Low Carbon Fuel Standard (LCFS). At issue is whether the LCFS violates the US Constitution's Dormant Commerce Clause or is preempted by federal law. Shannon has provided counsel to clients in other court challenges to California Air Resources Board (CARB) regulations, in enforcement actions before local air districts in California and in investigations by the California Department of Toxic Substances Control (DTSC) and has successfully prosecuted permit appeals before local air districts in California.

She serves as the executive director of the Air Permitting Forum, a group of Fortune 100 companies dedicated to the smooth implementation of Clean Air Act permitting and regulatory programs. In addition, she directs a sub-entity of the Forum, the Auto Industry Forum, which advocates on behalf of the auto industry on all CAA stationary source issues.

Prior to joining Katten, Shannon was counsel and manager of Clean Air Act programs for the General Electric Company, where she was responsible for Clean Air Act advocacy, compliance and training for more than 200 manufacturing facilities. Previously, she was an environmental and construction engineer for Chevron, USA.

From 1992 through 2000, Shannon was a vital participant in many EPA stakeholder discussion roundtables on New Source Review as the EPA's reform process for those regulations proceeded. In June 2004, Shannon was selected by the EPA to serve as one of six industry representatives and one of 18 outside members of the Title V Task Force under the Permits, New Source Review and Toxics Subcommittee of the Clean Air Act Advisory Committee, a group charged with evaluating the state of the Clean Air Act's Title V permitting program and making recommendations for improvement. In 2009, she participated on the EPA's Greenhouse Gas BACT Workgroup, a sub-group of EPA's Clean Air Act Advisory Committee, which addressed the potential application of controls for greenhouse gases under the Act. In that role, she was deeply involved in the development of two reports to the EPA that were used as a framework to develop its November 2010 PSD and Title V Permitting Guidance for Greenhouse Gases.

Shannon holds leadership positions in the American Bar Association's Section on Energy, Environment, and Resources, serving as co-chair of the Climate Change, Sustainable Development, and Ecosystems Committee (2013-2014); as vice-chair for Programming of the Air Quality Committee (2011–2014); and on the Planning Committee for the 22nd Fall Conference (2014).

Shannon has written several articles and regularly speaks on environmental issues. She is a co-author of The Clean Air Act Operating Permit Program: A Handbook for Counsel, Environmental Managers, and Plant Managers (ABA, 1993).

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Experience
  • Representation of Renewable Fuels Association in litigation challenging Californias Low Carbon Fuel Standard (LCFS) in the US Court of Appeals for the Ninth Circuit, following a victory in district court determining that the LCFS violates the Commerce Clause of the US Constitution.
  • Representation of investor group in large utility unit in negotiating transaction terms related to environmental compliance obligations under Mercury Air Toxics Rule and other regulatory requirements.
  • Representation of joint venture in achieving passage of legislation in California allowing for treatment of on-board recycled oil without treating it as disposal of hazardous waste.
  • Representation of midstream oil and gas company in enforcement action in northwest state over environmental and Army Corps of Engineers permitting requirements.
  • Representation of Texas Oil & Gas Association in litigation in the US Court of Appeals for the DC Circuit, challenging EPA's New Source Performance Standards for Oil and Gas operations (fracking).
  • Representation of coalition of 20 trade associations in eight challenges to EPA's greenhouse gas regulatory approach in the US Court of Appeals for the DC Circuit, which is now awaiting the Supreme Court's determination as to whether to grant certiorari.
  • Representation of major manufacturing company on Waxman-Markey climate change cap-and-trade legislation.
  • Representation of major household product manufacturer in environmental enforcement of the Clean Air Act.
  • Representation of major oil company on regulatory advocacy on Clean Air Act regulation under Section 112(f) for residual health risk, achieving resolution that saved the company tens of millions of dollars.
  • Representation of utility in enforcement before California air district, negotiating favorable settlement of same.
  • Representation of Midwest manufacturing facility on Clean Air Act permitting, successfully obtaining permit in the face of initial modeling indicating violation of ambient air quality standards.
  • Representation of major automobile manufacturer in all Clean Air Act permitting in Michigan, Indiana, New York and Illinois.

Recognition

Chambers USA, 2012–2014

Daily Journal

Daily Journal, California's 100 "Top Women Lawyers," 2014
Super Lawyers, 2014
Books
2011
Co-author, Managing Your Title V Permit, The Clean Air Act Handbook, American Bar Association, 3rd. ed.
2004
Co-author, Life After Title V Permit Issuance: You've Received Your Permit, Now What Do You Do?, The Clean Air Act Handbook, American Bar Association, 2nd. ed.
1998
Legal Issues in Preparing Clean Air Act Title V Permit Applications, Clean Air Deskbook, American Bar Association
1993
Co-author, The Clean Air Act Operating Permit Program: A Handbook for Counsel, Environmental Managers and Plant Managers, American Bar Association
Firm News
Speaking Engagements
October 10–13, 2012
Presenter, Overview of Select Federal Rulemakings Implicating Greenhouse Gases | 20th Section Fall Meeting: The ABA Environment, Energy, and Resources Law Summit | Austin, Texas
August 15, 2012
Regulatory Drivers for CO2 Control, Navigating the Impacts of PSD, Title V, and Other Clean Air Act Regulatory Requirements for GHGs, Coal-Gen Annual Conference, Louisville, Kentucky
June 4, 2012
Course on Effectively Handling Government Inspections of Ethanol Production Facilities, Trainer, Renewable Fuels Association Seminar at the Federal Ethanol Workshop, Minneapolis, Minnesota
January 24, 2012
Moderator, Hot Topics in Air Enforcement and Priorities for 2012 | ABA Air Quality Committee Teleconference
December 1–2, 2011
Faculty | Title 1 – NAAQS, ALI-ABA Course of Study – Clean Air: Law, Policy, and Practice | Washington, DC
February 28, 2011
How will EPA’s GHG Tailoring Rule Impact Your Business? Speaker, National Ethanol Conference, Scottsdale, Arizona
October 20–23, 2005
Hot Air Balloons. Traditional and Cutting Edge Air Emission Regulation: EPA’s New Source Review Reforms and California’s CO2 Regulation, Speaker and Panel Moderator, California State Bar Annual Conference on Environmental Law at Yosemite, Yosemite, California
March 2004
Symposium on Shaping Environmental Policy: Science, Information, and the Law, Speaker, UCLA School of Law Evan Frankel Environmental Law and Policy Program, Los Angeles, California
October 23–26, 2003
New Source Review Improvement Rule and Equipment Replacement Provision Federal Litigation Update, Speaker and Program Moderator, California State Bar Annual Conference on Environmental Law at Yosemite, Yosemite, California
June 22–26, 2003
After Permit Issuance: Permit Revision Requirements Under Title V of the Clean Air Act, Speaker, Air & Waste Management Association 96th Annual Conference and Exhibition, San Diego, California
July 21, 1995
Subcommittee on Oversight and Investigations, Committee on Commerce, US House of Representatives, Title III of the Clean Air Act Amendments of 1990, Invited Testimony regarding EPAs implementation of hazardous air pollutant provisions of the Clean Air Act Amendments of 1990, Washington, DC

Education

  • JD, University of California, Berkeley, School of Law, Order of the Coif
  • BS, University of California, Los Angeles

Court Admissions

  • US Court of Appeals, District of Columbia Circuit
  • US Court of Appeals, Fifth Circuit
  • US Court of Appeals, Ninth Circuit
  • US Court of Appeals, Tenth Circuit
  • US District Court, Eastern District of California
  • Supreme Court of California

Recognition

2012–2014

Daily Journal

California's 100 "Top Women Lawyers," 2014
2014
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Memberships

  • American Bar Association, Section of Environment Energy and Resources, Co-Chair Climate Change, Sustainable Development and Ecosystems Committee
  • Environmental Law Section of the California Bar
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