Margaret represents energy, manufacturing and transportation clients in matters arising under the Clean Air Act and state air quality statutes ranging from regulatory policy advice and advocacy to compliance counseling and permitting and enforcement defense.

Successfully defending one of the nation’s largest electric utilities in federal district court in Alabama in a civil enforcement action brought by the Department of Justice on behalf of EPA for alleged violations of the New Source Review (NSR) provisions of the Clean Air Act. USA v. Alabama Power Co. 372 F. Supp 2d 1283 (ND Al 2005); USA v. Alabama Power Co., 2006 U.S. Dist. Lexis 95222 (ND Al Aug. 28, 2006); USA v. Alabama Power Co., 2008 U.S. Dist. Lexis 58866 (ND Al July 24, 2008).

Successfully represented an electric utility before EPA Region 4 and the 11th Circuit Court of Appeals to defend the utility’s Title V permits against petitions from the Sierra Club to reopen the permits to include NSR compliance schedules to address pending NSR NOVs. Final decision rejected Second Circuit precedent in a similar case. Sierra Club v. Johnson, 541 F3d 1257 (11th Cir 2008).

Represented business and industry in Georgia in an amici brief filed with the Georgia Court of Appeals in the appeal of a PSD permit for construction of a new coal-fired power plant in South Georgia. The issues briefed included whether CO2 is a regulated pollutant under the Clean Air Act and whether IGCC must be considered in the BACT analysis under the PSD rules. The proceedings resulted in a favorable determination by the Court of Appeals and the Georgia Supreme Court denied petitions for review of that decision.

Successfully defeated a Clean Air Act citizen suit alleging excess opacity, Title V violations and hazardous air pollutant violations. Sierra Club v. Georgia Power Co., 443 F.3d 1346 (11th Circuit 2006) (reversing 365 F.Supp. 2d 1297 (ND Ga 2004)); Sierra Club v. Georgia Power Co., 365 F.Supp. 2d 1287 (ND Ga 2004); Sierra Club v. Georgia Power Co., 365 F.Supp 2d 1283 (ND Ga 2004).

Represented a state-wide industry coalition in the NOx SIP Call rulemaking and subsequent appellate litigation before the DC Circuit Court of Appeals ultimately resulting in the vacatur and remand of the NOx SIP Call Rule as applied to Georgia. Michigan v. EPA, 213 F3d 663 (DC Cir 2000), and following promulgation of the 2004 Phase II NOx SIP Call, won reconsideration and withdrawal of the 2004 NOx SIP Call as applied to Georgia. 73 Fed. Reg. 21,528 (Apr 22, 2008). When the State of North Carolina challenged EPA’s final decision rescinding the rule, we won dismissal of the challenge on the ground that North Carolina lacked standing to appeal. North Carolina v. EPA, 2009 U.S. App. LEXIS 25,691 (DC Cir Nov. 24, 2009).

Assisted electric utility in permitting over 2400 MW of new combined cycle generating capacity in an ozone nonattainment area.

Assisting electric utilities in evaluating NSR applicability to a variety of proposed projects at existing generating units.

Successfully defended a cogeneration facility located at a pulp and paper mill against allegations that it was subject to the Acid Rain Program under Title IV of the Clean Air Act and secured a favorable applicability determination from the Agency’s Clean Air Markets Division conceding that the Agency had previously interpreted its regulations incorrectly. EPA Acid Rain Applicability Determination, Mobile Energy Services Company, LLC, August 2003.

Advised flooring manufacturer in application of NSPS and MACT standards to manufacturing facilities and assist in resolving compliance issues at the state level.

Represented wood products manufacturer in a state New Source Review investigation and settlement of enforcement action.

Assisted railway company in assessing air quality impacts of proposed intermodal facility and obtaining the governmental approvals necessary to proceed with the project.