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Latham’s “handles the full range of environmental issues, with a top reputation in air quality and climate change concerns.” 

Chambers USA 2020

Air Quality

Latham & Watkins has one of the leading air quality practices in the country, helping clients across multiple sectors navigate regulation, permitting, enforcement, and litigation related to state and federal air quality standards.

Air Quality
Providing a Clear View

Latham represents clients in virtually every business sector, from aerospace to energy, electronics to transportation in every region in the US. The firm helps clients understand and address the complex set of overlapping federal and state regulations in order to build facilities, maintain and expand production, and maximize the benefits of their efforts to reduce emissions, while limiting litigation and enforcement risks.

Latham is a leader in public policy advocacy, at both the federal and state levels. The firm represents individual companies on key Clean Air Act policy issues, and where rulemakings affect whole industries, Latham has organized influential business coalitions to advocate at the federal level and to lead change.

When clients face government or citizen enforcement, Latham provides creative and effective representation to win at trial, or negotiate creative settlements that cost-effectively manage risks.

Seeing the Risks and Opportunities

Latham has been closely involved in policy development on virtually every major air quality issue, for both stationary and mobile sources, over the past four decades. The firm draws on a detailed understanding of regulations and strong working relationships with the regulators who enforce them to help clients develop, advocate, and implement innovative solutions. Latham regularly advises clients on:

  • Emissions trading and averaging
  • Greenhouse gas regulation
  • Hazardous air pollutant technology (MACT) and risk-based regulation
  • Mobile source and mobile source fuels regulation, including the Renewable Fuel Standard
  • New Source Performance Standards
  • New Source Review / Prevention of Significant Deterioration, and operating (Title V) permits
  • Ozone-depleting substances regulation
  • State Implementation Plans, Federal Implementation Plans, and SIP calls

Long-time Latham air quality practitioners and former government regulators comprise the practice and draw on a long track record of innovation and success, including:

  • Representing clients in successful regulatory advocacy on more than a dozen MACT standards
  • Representing three automobile manufacturers on the development of a motor vehicle emissions credit trading program
  • Negotiating one of the first flexible Title V permits in the nation on behalf of a major semiconductor manufacturer
  • Negotiating favorable settlements on behalf of several municipalities subject to citizen suits related to emissions from city-owned coal-fired power plants
  • Obtaining best-in-industry settlement on behalf of manufacturer regarding dual calibration mapping that was alleged to be a defeat device
  • Successfully advocating for an innovative continuous emissions monitoring approach on behalf of a large coal-fired power plant
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