Megan H. Berge

Clients say Megan is "Outstanding on many fronts; her ability to anticipate upcoming issues and to explain complex matters is unparalleled."

Chambers USA 2020

Megan Berge supports clients in all applications of environmental law, including civil litigation, rulemaking and permit appeals, regulatory advocacy, and compliance counseling. She partners with companies to develop creative strategies for difficult sustainability, Clean Air Act and climate issues including navigation of fuels and emissions based credit regimes, and asset transitions. Megan recently argued and won a landmark climate case before the Washington Supreme Court [Ass'n of Wash. Bus. v. Dep't of Ecology, 95885-8 (Wash. Jan. 16, 2020)].

When not practicing law, Ms. Berge devotes her time to raising her three children with her spouse, an active duty naval officer.

Regulatory Advocacy

• Major California Trade Association. Represent association of major stationary sources in navigating transition of the South Coast AQMD's RECLAIM (Regional Clean Air Incentives Market) program.
• National Trade Association. Represent association in commenting on the California Energy Commission’s 2022 Energy Code Update Rulemaking.
• Major Utility. Support utility in Oregon Department of Environmental Quality implementation of Governor Brown's Executive Order 20-04 on Climate Change.
• Cross-Cutting Issues Group. CCIG is a group of approximately 20 electric generating companies with diverse generation assets located throughout the country that participates in regulatory and policy developments related to waste, water, and wildlife programs that affect the power sector.
• Coalition for Innovative Climate Solutions. CICS is a coalition of 13 major electric generating companies working constructively at the state and federal levels on the development and implementation of the Clean Power Plan, which establishes landmark greenhouse gas regulations for the power sector.
• Major Natural Gas and Electric Utility. Represent major utility company in advocacy efforts on Washington Department of Ecology's climate rulemaking establishing economy-wide greenhouse gas regulations.
• Rural Electric Cooperative. Represent electric cooperative in advocacy efforts on U.S. EPA's climate rulemaking establishing greenhouse performance standards for fossil fuel fired power plants.
• National Trade Association. Assist association in developing comments and other advocacy activities on proposed climate rulemakings establishing greenhouse gas performance standards.
• Independent Power Producer. Assist power producer in developing comments and other advocacy activities related to federal plan implementing the requirements of the Regional Haze program.
• Electric Cooperative. Represent electric cooperative in advocacy efforts on U.S. EPA's rule updating the Cross-State Air Pollution Rule.

Rulemaking and Permit Appeals

• Avista v. Washington Dept. of Ecology (Wash). Represented local natural gas distribution companies in challenging Washington Department of Ecology's multi-sector climate regulation.
• Kisor v. Wilkie (2019). Represented coalition of trade associations as amici before the U.S. Supreme Court in proceedings addressing agency deference.
• New Jersey v. EPA. (3rd Cir.). Represented electric generating company as intervenor in an appeal of an EPA order upholding the company's Title V operating permit.
• Clean Water Action, et al. v. EPA (D.D.C.). Represented group of trade associations as amici in challenge to rule staying under Section 705 of the Administrative Procedures Act certain compliance deadlines under EPA's Effluent Limitation Guidelines for power plants.
• California v. Bureau of Land Management (N.D. Cal.). Represented group of trade associations as amici in challenge to rule staying under Section 705 of the Administrative Procedures Act certain compliance deadlines for BLM's Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.
• Texas, et al. v. EPA (D.C. Cir.). Represented electric generating company in challenging EPA's rule updating its Regional Haze visibility program.
• Wisconsin, et al. v. EPA (D.C. Cir.). Represented electric cooperative in challenging EPA's update to the Cross-State Air Pollution Rule.
• North Dakota, et al. v. EPA. (D.C. Cir.). Represented national trade association in challenging rulemakings associated with EPA's Clean Power Plan.
• West Virginia, et al. v. EPA. (D.C. Cir.). Represented multiple electric generating companies and trade associations in challenges to EPA's Clean Power Plan.
• EME Homer City Generation, L.P. et al. v. EPA (D.C. Cir.). Represented multiple electric generating companies in challenges to EPA's Cross-State Air Pollution Rule.
• Northern States Power Co. v. EPA (D.C. Cir.). Represented municipal waste combustor in challenges to EPA's performance standards for commercial and industrial solid waste incineration units.

Compliance Counseling and Permitting

• Refining Company.  Supported company in implementing construction and operating permit amendment for Southern California refinery.
• Major Electric Company.  Obtained construction permit for electric generating resource in Florida.
• Major Electric Utilities. Support Arizona power plant co-owners in implementing and complying with EPA Section 111(d) greenhouse gas emission standards and Regional Haze requirements.
• Large Electric Utility. Counseled client on Clean Air Act program requirements and negotiated resolution of potential non-compliance with requirements.
• Large Electric Utility. Advised client on strategy for addressing greenhouse gas emissions footprint and integration of regulatory requirements.
• Major Natural Gas Utilities. Counsel clients on consequences of proposed legislation establishing an economy-wide greenhouse gas emission reduction program.
• Large Interstate Pipeline Construction Company. Represented client in a variety of permitting issues and a state administrative action involving claims under the national pollutant discharge elimination system provisions of the Clean Water Act.
• Major Electric Utility. Designed draft state plan implementing the requirements of greenhouse gas performance standards for fossil fuel fired electric generating units.
• Large Petroleum Refinery. Advised and counseled client on compliance with Clean Air Act consent decree requirements.
• Large Petroleum Refinery. Counseled client on compliance with Clean Air Act requirements, including new source performance standards and new source review requirements.
• Major Electric Utility. Designed and assisted in implementation of new source review compliance programs for fossil fuel fired power plants.
• Large Municipal Waste Combustor. Developed compliance strategy for implementing EPA performance standards for commercial and industrial solid waste incineration units and industrial boilers.
• Electric Cooperative. Designed and assisted in implementation of new source review compliance programs for fossil fuel fired power plants.
• Cement Company. Advised and counseled client on compliance with Maximum Achievable Control Technology standards.
• Electric Cooperative. Assisted cooperative in working with U.S. EPA on a compliance strategy for mercury and air toxics standards applicable to power plants.
• Major Electric Utility. Provided analysis and counsel on the implementation of EPA regulations for commercial and industrial solid waste incineration units and mercury and air toxics standards for oil- and coal-fired power plants.
• Large Pharmaceutical Manufacturer. Advised and counseled client on compliance with the National Emission Standards for Organic Hazardous Air Pollutants and the Resource Conservation Recovery Act.
• Independent Power Producer. Advised and counseled client on compliance with EPA mercury and air toxics standards for power plants and requirements of the Regional Haze program.

Civil Litigation

• Irizarry v. Orlando Utilities Comm’n et. al, (M.D. Fl). Litigation counsel representing electric company in defense of class action lawsuit; successfully obtained complete dismissal of suit.
• Entergy Gulf States Louisiana, LLC, et. al., v. EPA (E.D. La.). Litigation counsel representing electric utilities in action to stop production of confidential business information to environmental group pursuant to the Freedom of Information Act.
• Sierra Club v. Talen Montana LLC (D. Mont.). Litigation counsel representing six co-owners in defense of federal Clean Air Act citizen suit litigation.
• United States v. Louisiana Generating LLC (M.D. La.). Litigation counsel representing power producer in defense of government enforcement action under the Clean Air Act.
• New Jersey v. RRI Energy Mid-Atlantic Holdings (E.D. Pa.). Litigation counsel representing power producers in defense of federal Clean Air Act citizen suit litigation.
• United States v. Kentucky Utilities Co. (E.D. Ky.). Litigation counsel representing utility company in defense of federal government enforcement action under the Clean Air Act.
• Sierra Club v. Dayton Power & Light (S.D. Ohio). Litigation counsel representing three co-owners in defense of federal Clean Air Act citizen suit litigation.

Recognized for Climate Change by Chambers USA, 2018, 2019, 2020, 2021, 2022 & 2023

Recognized as one of the "500 Leading U.S. Environmental & Energy Lawyers" by Lawdragon, 2021

Recognized as a Washington D.C. Super Lawyer-Rising Star (Thomson Reuters), 2014, 2015, 2016 & 2017