Concentration

Environmental compliance and permitting, particularly with regard to the Clean Air Act

Summary

Jennifer Keane represents industry groups and companies, focusing on the regulatory aspects of environmental law, particularly Clean Air Act issues. Her client base includes refineries, petrochemical plants, upstream oil and gas operations, secondary lead smelters, synthetic rubber producers, pulp and paper manufacturers, semiconductor manufacturing operations, pipelines, terminals and other types of heavy industrial manufacturing and operations. She counsels clients throughout the United States on permitting, auditing, enforcement and compliance matters and participates in state and federal negotiations aimed at establishing equitable standards for industry. As a member of the firm's global climate change practice group, Ms. Keane regularly tracks state and federal developments related to climate change and advises clients on the potential impacts of climate change legislation on business operations.

Ms. Keane also assists companies seeking to protect trade secret and confidential business information under the Texas Public Information Act and other state and federal freedom of information acts.

Representative Engagements

• Refiners – strategic counseling on permitting issues associated with refinery expansions and MACT compliance and enforcement defense arising from unauthorized air releases and historical noncompliances identified through inspections and audits. Negotiations on behalf of refiners include state compliance agreements, agreed orders and EPA consent decrees
• Petrochemical company – defended company in lawsuit brought by state attorney general alleging widespread Clean Air Act violations at multiple chemical plants
• Fiberglass manufacturer – represented company's interests in rulemaking to prevent imposition of stringent NOx regulations on manufacturer's Texas operations
• Petrochemical company – provided legal assistance to obtain air permits for the construction and operation of the (then) world's largest naptha steam cracker and associated chemical plants
• Insulation manufacturer – provided legal assistance to obtain permits in multiple states to authorize conversion of plants to use VOCs as blowing agent in lieu of ozone-depleting substances
• Forest products company – successful negotiation of a favorable compliance order to address historic state and federal Clean Air Act violations in Louisiana.
• Petrochemical company – ongoing compliance counseling and enforcement defense for 13 plants in Texas

Publications, Speeches and Presentations

• "Opportunities and Limitations in the Use of Optical Remote Sensing Technologies," National Petroleum Refiners Association Annual Conference, Denver, Colorado, September 2009 (Steven Ramsey, co-author)
• "Air Quality," Environmental Law, Texas Practice Series, Volume 45, West Group, 1997, updated annually (Jim Braddock, co-author).
• "Audits and Self-Disclosures in a Post-Title V World," Texas Chemical Council Annual Environmental Health and Safety Conference, Galveston, Texas, June 2008
• "Business Communications and Legal Considerations," Pulp and Paper Manufacturer's Annual Environmental Health and Safety Conference, Richmond, Virginia, May 2008
• "Evaluating Climate and Ozone Issues and Impacts," National Building Products Manufacturer's National Environmental Health and Safety Conference, Las Vegas, Nevada, April 2008
• "The Increased Focus on Episodic Air Emissions in Texas and Louisiana," Ethylene Producers Conference, American Institute of Chemical Engineers, New Orleans, April 2004