Margaret Claiborne Campbell

Partner

Atlanta
Business Phone: 404.885.3410
Business Fax: 404.962.6521

margaret.campbell@troutmansanders.com

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For over twenty years, Margaret Campbell’s practice has focused primarily on matters arising under the Clean Air Act and state air quality statutes. She regularly advises energy companies, manufacturers and other industrial clients on state and federal clean air policy, permitting, compliance, and enforcement matters. She helps clients prepare comments on proposed federal and state air quality rules, advises clients on compliance issues and helps obtain construction and operating permits. She has successfully challenged final rules issued by the Environmental Protection Agency before the US Court of Appeals for the DC Circuit. She has also successfully defended electric utilities in Clean Air Act enforcement actions brought by the Environmental Protection Agency and the Sierra Club and obtained favorable settlements when clients prefer to avoid the cost and uncertainties of litigation.

Representative Matters

  • Successfully defended 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); USA v. Alabama Power Co., 2011 U.S. Dist. LEXIS 28962 (ND AL March 14, 2011).
  • 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 F.3d 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, 587 F.3d 422 (DC Cir 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.
  • Represented wood products manufacturer in a state New Source Review investigation and settlement of enforcement action.

Speaking Engagements and Publications

  • Moderator, "EPA Greenhouse Gas Rules and Carbon Regulations," Annual Energy Emerging Issues Policy Forum, October 14, 2014.
  • Moderator/Speaker, "Greenhouse Gas Regulation - From Permitting to Performance Standards," Annual Georgia Environmental Conference, August 21, 2014.
    Speaker, "GHG Regulatory Update," Tennessee Environmental Conference, March 25, 2014.
  • The Cross State Rule and EPA’s Rush to Regulate,” Trends Newsletter, ABA Section of Environment, Energy and Resources, Jan/Feb 2012.
  • "Preparing for a Regulatory Inspection," Electric Perspectives, July/August 2011.
  • "Ten Years of New Source Review Enforcement Litigation," Natural Resources & Environment (ABA), Vol. 24 No. 4, Spring 2010.

Rankings and Recognition

  • Named the Best Lawyers’ 2012 Atlanta Environmental Law Lawyer of the Year.
  • Fellow, American College of Environmental Lawyers
  • Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA (2009-2017).
  • Selected as a Super Lawyer in Environmental by Law & Politics and Atlanta Magazine (2004-2017), consistently ranked as one of the top 50 women lawyers in Georgia (2004-2014), and has been ranked as one of the top 100 lawyers in Georgia.
  • Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards, (AV).
  • Recognized in The Best Lawyers in America in Environmental Law, Litigation - Environmental (2008-2015).
  • Named to the Top Rated Lawyers Guide to Energy/Environmental/Natural Resources Law (2012).

Professional Experience

  • Partner, Troutman Sanders LLP, Atlanta, GA 1999-present
  • Associate, Troutman Sanders LLP, Atlanta, GA 1994-1998
  • Associate, Hunton & Williams, Washington, DC 1991-1994

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Education

  • Georgetown University, J.D., cum laude, 1991
    Notes & Comments Editor, The Georgetown Law Journal
  • University of North Carolina, A.B., with distinction and highest honors, 1987
    Phi Beta Kappa

Bar Admissions

  • Georgia
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the Northern District of Georgia
  • Supreme Court of the United States