Successfully defended clean air act appeal in the Sixth Circuit

Counsel of record in successful defense of Sixth Circuit Appeal for review of air permits issued by Ohio EPA for compressor stations supporting multi-billion dollar natural gas pipeline project.  This case represented an issue of first impression in the Sixth Circuit, whereby the environmental groups involved first appealed Ohio EPA’s issuance of the air permits to the Environmental Review Appeals Commission (ERAC). However, in response to our Motion to Dismiss, ERAC, which has exclusive jurisdiction over appeals from final actions of Ohio EPA and ordinarily would hear appeals of air permits issued by Ohio EPA, dismissed the groups’ appeal for lack of jurisdiction, holding that the federal Natural Gas Act vested original and exclusive jurisdiction of the appeal in the federal Courts of Appeals (see 15 U.S.C. 717r(d)(1)).  The Sixth Circuit appeal ensued, with a favorable outcome allowing the projects to proceed. Cite: Protecting Air for Waterville v. Ohio Environmental Protection Agency, 763 Fed.Appx. 504, 506 (6th Cir. 2019).