Martin T. Booher

Experience

High-Stakes Environmental Litigation, Permit Appeals and Enforcement

• Represents the developer of a $1.6 billion (Phase I) greenfield steel mill in securing environmental permits necessary to construct and operate the mill, including the successful defense of several challenges by a competing steel producer to the client's Clean Air Act permit issued by the Arkansas Department of Environmental Quality.
• Represents a major coal company in a contested case involving an amendment issued by the Montana Department of Environmental Quality pursuant to the Montana Facility Siting Act, including a related lawsuit in Montana District Court pursuant to the Montana Environmental Policy Act.
• Represents a major paint manufacturer in enforcement litigation by the South Coast Air Quality Management District alleging sale and distribution of coatings exceeding limits on concentrations of volatile organic compounds.
• Represents major steel tube manufacturer in an administration enforcement action brought by the U.S. Environmental Protection Agency (EPA) alleging violations of Clean Air Act permit requirements.
• Represents the developer of a $300 million greenfield silicon metal production facility in the defense of several challenges by a competing silicon metal producer to the client's Clean Air Act permit issued by the Mississippi Department of Environmental Quality.
• Represents a coal mining company in ongoing challenges to conditions contained in Section 401 Water Quality Certifications issued by the Ohio Environmental Protection Agency.
• Represents a specialty chemical manufacturer in an administrative enforcement action brought by the EPA alleging violations of the Resource Conservation and Recovery Act.

EHS Compliance, Permitting and Business Counseling

• Provides strategic compliance and business counseling to several manufacturing and energy clients in all environmental, health and safety (EHS) areas, with an emphasis on federal and state programs under the Clean Air Act.
• Represents companies in various industries to secure permits from regulatory authorities under the Clean Air Act, Clean Water Act, Safe Drinking Water Act and Surface Mining Reclamation Act.
• Assists clients in the development, preparation, implementation, evaluation and integration of EHS management systems and audit programs.
• Counsels clients on compliance with the federal renewable fuels program, EPA enforcement related to renewable identification numbers (RINs), contracting and trading of RINs (including disputes), and ongoing regulatory initiatives to revise the federal renewable fuels program and to increase ethanol blend restrictions.
• Advises clients on disclosure requirements related to EHS issues in filings with the Securities and Exchange Commission.
• Works with Brazilian legal counsel to advise clients in understanding the environmental compliance and liability regimes in Brazil and in developing effective risk management solutions to address potential liability issues.

• Advises companies on PSD/NSR applicability issues for planned changes and expansion activities and in obtaining new and revised Clean Air Act permits, including the approvals required to address greenhouse gas emissions and to incorporate the impacts of historic and unpermitted facility modifications.

Superfund and Disputes Involving Environmental Liabilities

• Represents clients in the negotiation of consent decrees/administrative settlements and the resolution of natural resource damage claims with state and federal regulators; the negotiation and resolution of private party settlements; and the implementation of investigation activities, interim actions and final remedies.
• Represents a major paint producer in resolving potential liabilities at the Wells G&H site in Woburn, Massachusetts.
• Represents a company in the negotiation with the Louisiana Department of Environmental Protection of a remedy to address an "emerging contaminant" plume and in a contract dispute with a third party regarding the allocation of financial responsibility.
• Advises clients on an ongoing remediation effort in the state of São Paulo, Brazil, including working with local consultants to develop an acceptable remediation strategy and with local counsel to resolve a dispute regarding the potential allocation of liability and sale of the property to an adjacent property owner.
• Advises companies on PSD/NSR applicability issues for planned changes and expansion activities and in obtaining new and revised Clean Air Act permits, including the approvals required to address greenhouse gas emissions and to incorporate the impacts of historic and unpermitted facility modifications.

Project Development

• Provides strategic advice to a client on the siting, licensing and financing of a $1.6 billion greenfield steel mini-mill (Phase I), including the expansion of the mill (Phase II).
• Perform fatal-flaw analyses of potential project sites for the development of new manufacturing facilities in the United States, including the potential development of new greenfield steel mini-mills and silicon metal production facilities.
• Provides strategic advice to clients regarding issues related to the siting, licensing and financing of a biomass-fired electric generating facility and a biodiesel manufacturing facility on historically contaminated properties, including the negotiation of liability protections/covenants with federal and state environmental regulators and implementation of other "outside the box" environmental risk management solutions.
• Advises clients regarding the siting, licensing and development of liquefied natural gas terminals in the United States under the Natural Gas Act and the Deepwater Port Act, and natural gas pipelines and storage facilities under the Natural Gas Act, including but not limited to assistance with Clean Air Act, Clean Water Act (Sections 401, 402 and 404), U.S. Coast Guard, U.S. Maritime Administration, Federal Energy Regulatory Commission and Coastal Zone Management Act licensing matters; compliance counseling related to the National Environmental Policy Act and General Conformity obligations; development of preemption and public trust doctrine arguments and strategies; and administrative appeals related to the Coastal Zone Management Act.

EPA Rule-Making Proceedings

• Represents a major coal company in its challenge to the Affordable Clean Energy Rule recently adopted by the EPA.
• Represented natural gas industry trade association in developing the association's comments and strategic legal response to the EPA's proposal to overhaul its regulations governing the presence of polychlorinated biphenyls (PCBs) in natural gas pipelines and related equipment.
• Represented a wood furniture manufacturer in developing comments on the EPA's proposed air toxic standards for industrial boilers (known as the Boiler MACT).

Transactions and Financing

• Develops and implements EHS due diligence strategies for merger, stock and asset purchase/sale, and financing transactions, including the negotiation of provisions of purchase and sale agreements and side agreements governing post-closing allocation of environmental attributes and liabilities associated with the company or asset being transferred or financed.

Memberships

• American Bar Association
  • Environment, Energy and Resources Section: Committee on Air Quality, Vice Chair
• Ohio Gas Association
• Ohio Oil & Gas Association

Community

• Connecticut State Implementation Plan: Revision Advisory Committee