Air, Water and Waste Permitting

Kean Miller LLP represents a wide variety of clients with regard to air, water and solid waste permits.  We routinely assist business and industry in obtaining complex permits in the chemical, energy and petrochemical industry.  Our lawyers have more than 25 years of experience in negotiating permits with the Louisiana Department of Environmental Quality and the federal Environmental Protection Agency.  Currently, Maureen Harbourt is a member of the LDEQ/LCA/LMOGA Operating Permits Workgroup, which meets with senior LDEQ air staff monthly.  The workgroup addresses Title V and other air permitting issues and has successfully completed the Permit Procedures Guidance book, revisions to the insignificant activities list, revisions to the Title V General Permit conditions, and several guidance documents for implementation of the air program. 

Representative Experience:
  • Successfully obtained air and water permits for a greenfield merchant power plant in Lincoln Parish, Louisiana.  This matter involved significant opposition from local community. Kean Miller LLP attorneys provided legal assistance with environmental regulatory issues as well as with other non-environmental permits.
  • Successfully obtained air and water permits for a greenfield merchant power plant (co-generation) in Ascension Parish, Louisiana.  Kean Miller LLP provided legal assistance with environmental regulatory issues as well as for other non-environmental permits. 
  • Representation of PPG Industries in a petition with Entergy Power R.S. Corporation and RS Cogen, L.L.C. seeking non-jurisdictional status of the financing, construction, ownership, operation and power and steam transfers of a 400 MW cogeneration plant.  Kean Miller LLP was heavily involved in the permitting process and in creating an ownership structure that complied with the Public Utility Regulatory Policies Act and LPSC regulations.  The petition and resulting order has become the model for other companies seeking to construct cogeneration plants in Louisiana. This was the first LPSC order (Order No. U-24037) relating to the construction of a joint cogeneration project in Louisiana.
  • Successfully obtained air permit and water permit modification for a global chemical refiner for the addition of new polyolefins production unit to existing facility in Baton Rouge, Louisiana.  The permits were subsequently upheld by the 19th Judicial District Court, the Louisiana First Circuit Court of Appeals and the Louisiana Supreme Court.   In addition, the related request to EPA for objections to the permit on environmental justice grounds was rejected.
  • Representation of numerous chemcial and refining facilities with respect to air permit issuance and modification.
  • Counsel to various industrial facilities in defense of New Source Review enforcement and Title V permitting actions.
  • Counsel to energy and cogeneration clients in obtaining PSD/NNSR, acid rain, and Title V permits for new or modified facilities.