Shannon S. Broome

Shannon S. Broome, head of the firm's Air Quality and Climate Change Practice, counsels clients and represents them in litigation on environmental matters before federal courts and administrative agencies. She also serves as the executive director for the Air Permitting Forum, a group of Fortune 100 companies dedicated to the smooth implementation of Clean Air Act (CAA) 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.

A nationally recognized authority on CAA matters, Ms. Broome has more than 20 years of experience addressing all aspects of this federal statute. She represents clients in a wide variety of manufacturing and energy sectors, including automotive, aerospace, pharmaceutical, chemical, paper, alternative fuels, power generation and utilities. While she represents numerous clients before the US Environmental Protection Agency regarding all aspects of implementation of the CAA, her focus in the past two years has been on development of greenhouse gas requirements under all provisions of the CAA and greenhouse gas regulation under ancillary statutes such as the Endangered Species Act and common law (nuisance). Currently, Ms. Broome is taking a leading role in the representation of a coalition of some 20 trade associations (including the National Association of Manufacturers, the American Petroleum Institute, and other national and state-based groups) for eight challenges to EPA’s greenhouse gas regulatory approach. In addition, she frequently assists plant operators in the implementation of CAA requirements.

Ms. Broome was a member of numerous EPA stakeholder discussion roundtables on New Source Review as EPA’s reform process proceeded, beginning in 1992 and continuing through 2000. In June of 2004, Ms. Broome 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, Ms. Broome was selected to participate on EPA’s Greenhouse Gas BACT Workgroup, a subgroup of EPA’s Clean Air Act Advisory Committee, to address 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 in 2010 that EPA used as a framework to develop its November 2010 PSD and Title V Permitting Guidance for Greenhouse Gases.

Ms. Broome previously held the position of counsel and manager of CAA programs for the General Electric Company in Fairfield, Connecticut, where she was responsible for CAA advocacy, compliance and training for over 200 manufacturing facilities. After five years with GE, Ms. Broome resumed private practice. She also previously worked as an environmental and construction engineer for Chevron USA.

Ms. Broome has written several articles and given speeches on environmental issues, and is a co-author of “The Clean Air Act Operating Permit Program: A Handbook for Counsel, Environmental Managers, and Plant Managers” (ABA, 1993).

Publications

• "First Compliance Period Underway for California’s AB32 Cap-and-Trade Program," Katten Client Advisory (January 31, 2013)
• “EPA's Missed Opportunity to Ground Its GHG Tailoring Rule in the Statute: What the Situs Argument Would Mean for the Future of the PSD Program,” Environmental Law Reporter, Vol. 42, p. 10424 (May 2012)
• “Current Topics for Managing Your Title V Permit: Appeals, EPA Objections, Compliance Reporting and Certification, and Greenhouse Gases,” The Clean Air Act Handbook, 2nd ed. (ABA) (2011)
• “Life After Title V Permit Issuance: You’ve Received Your Permit, Now What Do You Do?” The Clean Air Act Handbook, 2nd ed. (ABA)
• “Legal Issues in Preparing Clean Air Act Title V Permit Applications, Clean Air Deskbook (ABA) (1998)

Speeches and Presentations

• "US EPA's Boiler MACT and CISWI Rules: What You and Your Clients Need to Know for Compliance Now that the Reconsideration Process Is Complete," American Bar Association Webinar (February 2013)
• "Rocky Mountain Farmers Union v. Goldstene and the Dormant Commerce Clause," Cap-and-Trade: Getting Ready for the First Auction Presented by Law Seminars International, San Francisco, California (July 2012)
• “How will EPA’s GHG Tailoring Rule Impact Your Business?” National Ethanol Conference, Scottsdale, Arizona (February 2011)
• GE Permit Negotiation and New Source Review Training (2010)
• Title V Task Force Report, Clean Air Act Advisory Committee (April 2006)
• “Hot Air Balloons. Traditional and Cutting Edge Air Emission Regulation: EPA’s New Source Review Reforms and California’s CO2 Regulation.” California State Bar Annual Conference on Environmental Law at Yosemite (October 2005)
• “Symposium on Shaping Environmental Policy: Science, Information, and the Law,” UCLA School of Law Evan Frankel Environmental Law and Policy Program (March 2004)
• “New Source Review Improvement Rule and Equipment Replacement Provision Federal Litigation Update,” California State Bar Annual Conference on Environmental Law at Yosemite (October 2003)
• “After Permit Issuance: Permit Revision Requirements Under Title V of the Clean Air Act,” Air and Waste Management Association Annual Meeting, San Diego, California (June 2003)
• Annual Conference on Environmental Law, American Bar Association, Keystone, Colorado (March 1999)
• Annual Meeting of the Section on Natural Resources, Energy and Environmental Law, American Bar Association, Boston (October 1996)
• “Five-Year Review of the Clean Air Act Amendments of 1990,” Pace University School of Law (March 1996)
• “1995 Update: Implementing the Clean Air Act—EPA Speaks,” American Bar Association and Air & Waste Management Association Videoconference (February 1996)
• Annual Conference on Environmental Law, American Bar Association, Keystone, Colorado (March 1996)
• “Clean Air Act Amendments of 1990: Where EPA and the States Are Going,” American Bar Association, Durham, North Carolina (September 1995)
• Testimony before the Subcommittee on Oversight and Investigations, Committee on Commerce, US House of Representatives, Title III of the Clean Air Act Amendments of 1990, regarding EPA's implementation of hazardous air pollutant provisions of the Clean Air Act Amendments of 1990 (July 21, 1995)
• Annual Meeting, Air and Waste Management Association, San Antonio, Texas (June 1995)
• Annual Conference on Environmental Law, American Bar Association, Keystone, Colorado (March 1995)

Education and Bar Admissions

Ms. Broome received her BS in chemical engineering from the University of California, Los Angeles, and her JD from the University of California, Berkeley, School of Law, where she was Order of the Coif. She is admitted to practice in California, the District of Columbia and New York, and before the US Court of Appeals for the District of Columbia Circuit, the Fifth Circuit and the Supreme Court of California.