Lauren E. Freeman is a noted environmental lawyer with a focus on stationary source monitoring, permitting, and compliance issues under the Clean Air Act. She represents clients in rulemakings and related litigation under major EPA regulatory programs, and counsels clients on complex compliance issues.
Lauren has extensive experience under the Acid Rain Program, Cross-State Air Pollution Rule (CSAPR), Mercury and Air Toxics Standards (MATS) Rule, Greenhouse Gas Reporting Rule, New Source Performance Standards (NSPS), the New Source Review (NSR) / Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs.
Lauren has also served as lead counsel in numerous appellate challenges to final EPA actions related to stationary sources’ compliance obligations, including the seminal case, Appalachian Power v. EPA, which established fundamental administrative law principles related to agency rulemaking obligations.
Lauren’s experience provides her with critical insights into the complex compliance issues facing affected facilities and the officials responsible for certifying their compliance status.
Clients look to her for assistance in interpreting and responding to proposed and final agency rules and guidance, obtaining and managing compliance with Title V operating permits, and conducting and responding to internal compliance auditing.
Lauren also assists clients in defending government and citizen Clean Air Act enforcement actions, including those involving emission measurement issues.
- Represented electric utilities in numerous EPA rulemakings establishing source testing, monitoring, and reporting requirements, including requirements for use of continuous emission and opacity monitors (CEMs and COMs).
- Represented clients in EPA rulemaking and related litigation regarding use of “Credible Evidence” (CE) to establish violations under the Clean Air Act.
- Represented clients in rulemaking proceedings and related litigation of EPA’s “Compliance Assurance Monitoring” (CAM) rule (Part 64).
- Briefed and argued industry challenge that resulted in invalidation of EPA’s “Periodic Monitoring Guidance” addressing imposition of new monitoring requirements in operating permits under Title V of the Clean Air Act (Part 70).
- Briefed and argued industry challenge that resulted in EPA’s agreement that officials can structure compliance certifications required under Clean Air Act operating permits (Part 70) to preserve defenses to use of certain information in subsequent enforcement actions.
- Represented clients seeking new source and operating permits and counseled designated representatives (DRs) and responsible officials on the standard of inquiry necessary to certify compliance under Clean Air Act programs.
- Represented industry on the Clean Air Act Advisory Committee’s Title V Performance Task Force.
- JD, William & Mary Law School, Order of the Coif, 1990
- AB, English Literature and Philosophy, Bowdoin College, 1984
- District of Columbia
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