New EPA Rule and the End of the Clean Air Act Title V Emergency Affirmative Defense

On October 17, Michael McDonough will join this Strafford-sponsored panel to discuss the history of the Clean Air Act’s (CAA) affirmative defense provisions (ADs) and notable court decisions leading to the EPA’s gradual elimination of ADs available to defendants, including the new rule eliminating the AD for Title V violations in emergency situations. The panel will describe the effect on state programs and current legal challenges that may affect the new rule and address key issues and best practices for compliance and defense of enforcement actions.

Some of the key questions the panel will discuss include:

• What has led to the EPA’s removal or omissions of ADs under the CAA?
• How are state programs affected?
• What challenges face defense counsel with the elimination of the emergency AD?
• How may current legal challenges affect the new rule?
• What are best practices for compliance and defending enforcement actions given the limited ADs available?