Aaron M. Flynn represents companies in major environmental litigation and regulatory matters across the country. His clients include utilities, national trade associations, oil and gas companies, and manufacturers. His practice is focused on reducing and managing his client’s regulatory burdens, particularly under the federal Clean Air Act.
Aaron has helped to resolve complex regulatory matters before the EPA, at the White House, and through his extensive litigation experience before the federal courts. Aaron’s previous roles as a legal advisor to the US Congress and as a lawyer for the White House help him provide insight and practical advice when counseling clients.
As a leader of the firm’s visibility practice, Aaron has been called upon to testify before the US House of Representatives. Aaron has also litigated significant visibility rules before numerous federal courts of appeals, arguing most recently before the Ninth and DC Circuits.
Aaron’s climate change work has involved every significant EPA rulemaking action since the US Supreme Court’s decision in Massachusetts v. EPA. He has, for instance, helped clients find creative solutions in response to the EPA’s Endangerment Finding, its mobile source rules, and the Clean Power Plan for existing electric generating facilities.
He has also advised companies in the oil and gas sector on compliance with greenhouse gas reporting requirements and their obligations under the EPA’s methane rules.
Aaron’s practice extends to a number of other areas, including environmental permitting on Tribal lands, litigation in the DC Circuit over fuel regulation, and new source performance standards (NSPS) and hazardous air pollutant (HAP) regulations.
He is integral to the firm’s national ambient air quality standards (NAAQS) practice, and has led successful efforts before the DC Circuit and the White House to protect clients from new, unprecedented standards.
Aaron is admitted to practice before the US Supreme Court and the US Courts of Appeals for the Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and DC Circuits. He is also admitted to the US District Court for the District of Columbia.
Aaron is a frequent contributor to the firm’s environmental blog, The Nickel Report.
- Advises clients on preparation for the Regional Haze Program’s second implementation period.
- Represents industry in DC Circuit litigation supporting EPA’s rule allowing compliance with the Cross-State Air Pollution Rule to satisfy regional haze requirements.
- Devised a Clean Air Act federal implementation plan providing an alternative to costly emission controls for a facility. Defended that plan as an Intervenor-Respondent in litigation involving extensive discussions and negotiations with impacted tribes requiring deep knowledge of rules governing energy development on tribal lands.
- Developed rulemaking comments opposing greenhouse gas reporting rules for pipelines and related facilities and subsequently challenged EPA’s final rule in DC Circuit.
- Engaged in litigation challenging New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants for the oil and gas production sector and negotiated with EPA to revise the standards.
- Represented four western utilities in major challenges to EPA’s visibility rules in the Ninth and Tenth Circuit courts.
- Led industry efforts challenging the establishment of new secondary NAAQS for nitrogen and sulfur oxides, particulate matter, and ozone.
- Represented trade associations in preparing comments on EPA’s proposed Federal Plan and Model Trading Rule to implement the Clean Power Plan.
- Guided interagency regulation of genetically modified organisms as part of the White House Ag-Biotech Working Group.
- Represented the White House Office of Science and Technology Policy (OSTP) in regulatory review meetings and meetings of the Committee for Foreign Investment in the United States (CFIUS).
- JD, George Washington University Law School, 2003
- BA, English, The Burnett Honors College, University of Central Florida, 2000
- District of Columbia
- Associate General Counsel, The White House
- Legislative Attorney, Congressional Research Service
- Summer Associate, The Center for Regulatory Effectiveness
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