Select Matters
- HAPs MACT: Represented electric generating company in successfully obtaining unique permitting for pollution control projects to implement Mercury and Air Toxics Standards (MATS) compliance strategies. (White Stallion Energy Center, LLC, et al., v. Environmental Protection Agency, U.S. Court of Appeals for D.C. No. 12-1100)
- Permitting electric generating facilities: Represented electric generating company in successfully obtaining and defending CAA permitting for the Kemper County integrated gasification combined cycle (IGCC), the first commercial scale transport integrated gasification (TRIG) coal gasification plant in the nation. (Sierra Club v. Mississippi Environmental Quality Permit Board and Mississippi Power Company, Chancery Court of Kemper County, Mississippi, Sixth Judicial District, Cause No. 2011-0114F)
- NAAQS: Represent utilities in responses to alleged interference with NAAQS through section 126 (good neighbor) petitions (EPA-HQ-OAR-2013-0671; FRL-9902-55-OAR) and through implementation of EPA's Data Requirements Rule.
- NEPA: Represented Southern Nuclear Operating Company COL Application for Vogtle Electric (generating plant, units 3 and 4), before the U.S. Nuclear Regulatory Commission (Nos. 52-025-COL and 52-026-COL August 22, 2011) regarding challenges to NEPA analysis; successfully defended Kemper IGCC against NEPA challenges. (Sierra Club v. United States Department of Energy, et al., USDC for D.C. No. 1:11-cv-00514)
- New Source Review (NSR): Organize and execute system compliance strategy for CAA and NSR for several utilities.
- Clean Power Plan: Represent utility companies in challenges to EPA's greenhouse gas rules for existing sources under 111(d) and 111(b) of the CAA, commonly referred to as Clean Power Plan. State of North Dakota v. Environmental Protection Agency, U.S. Court of Appeals for D.C. No. 15-1381) and (State of West Virginia, et al., v. Environmental Protection Agency and Regina A. McCarthy, Administrator, U.S. Court of Appeals for D.C. No. 15-1363)
- EPA enforcement: Represent utility company and obtained dismissal of multiple claims in defense of EPA enforcement action alleging violations of NSR provisions of CAA. (United States of America v. Luminant Generation Company, and Big Brown Power Company, USDC ND of Texas, No. 3:13-cv-3236)
- Title V operating permits: Defend manufacturing facility in litigation over renewal of Title V (GASP v. Board); represent utility companies in new Title V operating permit applications and renewals of Title V permits.
- Performed environmental due diligence and review in support of purchase and sale of electric generating units and manufacturing facilities and for corporate mergers and acquisitions.
News
Speaking Engagements
Credentials
Education
- University of Virginia School of Law, J.D., 1992, Editor, Virginia Environmental Law Journal; Editor, Virginia Law Review
- University of Virginia, B.A., Physics, 1989, Phi Beta Kappa
Courts
- Supreme Court of Alabama, 1992
- U.S. Court of Appeals, Fifth Circuit, 2010
- U.S. Court of Appeals, District of Columbia Circuit, 2002
- U.S. Court of Appeals, Eleventh Circuit, 2001
- U.S. District Court, Middle District of Alabama, 1998
- U.S. District Court, Northern District of Alabama, 1992
- Supreme Court of Texas, 2014
- U.S. District Court, Eastern District of Texas, 2014
- U.S. District Court, Northern District of Texas, 2013
Bar Admissions
- Alabama, 1992
- Texas, 2014
Professional Affiliations
- American Bar Association, Section of Environment, Energy, and Resources (ABA SEER)
Awards & Accolades
- Chambers USA, Environment
- The Best Lawyers in America®, Environmental Law, 2012 - Present