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Emily Schilling

Partner

222 South Main Street, Suite 2200, Salt Lake City, UT 84101

Emily Schilling specializes in assisting clients of all sizes with complex air quality matters.

She applies technical skills honed through strategic partnerships with industrial, mining, and oil and gas companies to advise clients seeking to permit new projects and develop air quality compliance strategies, and to represent clients in enforcement actions before state agencies and the federal Environmental Protection Agency.  

Emily has worked extensively with major source permitting in attainment and nonattainment areas, Clean Air Act (CAA) section 111 New Source Performance Standards, section 112 hazardous air pollutant (“HAP”) and Risk Management Plan ("RMP") provisions, and the prohibitions on the manufacture and sale of mobile source defeat devices.

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Experience

  • Advises clients on compliance and strategy related to minor source and major source permitting, including triggers for permitting in both attainment and nonattainment areas on state, federal, and tribal lands.
  • Counsels clients on New Source Performance Standards (NSPS) and Maximum Achievable Control Technology (MACT) standards for hazardous air pollutants (HAP).
  • Represents clients in state and federal air enforcement matters, including advising clients in mining, oil and gas, industrial, and mobile source sectors on responding to CAA section 114 and section 208 information requests. 
  • Counsels clients in developing strategies in federal and state air quality rulemakings, from pre-proposal meetings with regulators through drafting comprehensive comments on proposed rules to representation of clients in challenges to rulemakings in state and federal courts.

Client Results

Representative Matters
  • Represent utility client in administrative resolution of CAA section 114 request for information and related New Source Review enforcement action.

  • Counsel mining, oil and gas, industrial, and mobile source clients in responding to CAA section 114 and section 208 requests for information and represent them in related EPA enforcement actions.

  • Represent client in related state and federal enforcement actions related to compliance with state air permits and CAA section 112(r) RMP requirements.

  • Counsel oil services company in strategy associated with RMP compliance.

  • Represent client in Clean Air Act citizen suit action involving triggers for permitting under State Implementation Plan.
  • Develop strategy for client engagement in EPA development of lime and gold mining MACT standards.

  • Develop comments on the Clean Power Plan, the Particulate Matter and Ozone NAAQS and related implementation rules, secondary NAAQS for SO2 and NOx, Utility MACT standards, gold mining MACT standards, implementation of permitting for GHGs, and regional haze State Implementation Plan disapprovals.

  • Represent clients in D.C. Circuit challenges to the Clean Power Plan, NAAQS and related implementation rules, nonattainment designations, MACT standards, and NSPS.

  • Counsel clients on compliance with gold mining MACT, Boiler MACT, Reciprocating Internal Combustion Engine MACT, and Utility MACT standards.

  • Represent oil and gas and mining clients in enforcement actions before the Utah Division of Air Quality (UDAQ), and advise clients regarding strategy in air quality enforcement actions before the Wyoming Air Quality Division and the Nevada Division of Environmental Protection.

  • Counsel oil and gas client on air issues associated with National Environmental Policy Act review.

  • Counsel mining client on comprehensive permitting strategy before UDAQ and implications of related NEPA air quality assessment.

  • Represent client in development of advocacy and compliance strategies associated with State Implementation Plan development in PM2.5 and ozone nonattainment areas.

  • Counsel natural resource clients on implications of air regulatory developments on their operations, including federal and state initiatives related to GHG standards, regional haze, NAAQS, and initiatives to curb interstate air pollution.

  • Represent mining client in EPA inspections related to compliance with TRI reporting requirements, which resulted in no further action by EPA.

  • Advise mining clients on TRI compliance.

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • The Best Lawyers in America© Environmental Law, 2018-2019
  • Utah Business Magazine, Utah Legal Elite, Environmental, 2015-2018
  • Chambers USA: America's Leading Lawyers for Business, Environment, Up and Coming, Natural Resources & Regulatory Industries, 2017, 2018

Professional and Civic Affiliations

  • Utah Manufacturers’ Association, Air Quality Subcommittee of Environment Committee, Co-chair
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