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 "intimately familiar with what we do and how we approach a problem – always ready to challenge our assumptions, forthcoming with advice and actively involved in helping us define our policy and strategy" (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).