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Emily Schilling

Partner

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

Emily Schilling has more than a decade of environmental law experience, specializing in assisting clients of all sizes with complex air quality matters.

She advises businesses seeking to permit new projects and develop air quality compliance strategies, and represents clients in enforcement actions before state agencies and the federal Environmental Protection Agency.

Emily also has extensive experience drafting comments and petitions for reconsideration on behalf of clients in federal Clean Air Act rulemakings, and represents clients in challenges to federal rulemakings in the U.S. Courts of Appeal, including the D.C. Circuit.

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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; development of pollution control technology analyses for criteria pollutants and Greenhouse Gases (GHG); as well as compliance with 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, mobile source, and industrial sectors on responding to CAA section 114 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
  • Counsel utility, mining, oil and gas, and industrial clients in responding to CAA section 114 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) Risk Management Plan requirements.
  • Represent client in Clean Air Act citizen suit action involving triggers for permitting under State Implementation Plan.
  • Develop strategy for development of  gold mining MACT standards, draft comments and represent client in D.C. Circuit challenge of 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, implementation of permitting for GHGs, and regional haze State Implementation Plan disapprovals.
  • Represent clients in D.C. Circuit challenges to NAAQS and related implementation rules, nonattainment designations, MACT standards, and NSPS.
  • 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.
  • Counsel clients on compliance with gold mining MACT, Boiler MACT, Reciprocating Internal Combustion Engine MACT, and Utility MACT standards.

  • Counsel oil and gas client on air issues associated with National Environmental Policy Act review.
  • Represent oil and gas clients in permitting and enforcement actions before the Utah Division of Air Quality.

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

  • Represent clients in state inspection related to compliance with Utah and federal asbestos standards.

  • Represent mining client in EPA inspections related to compliance with TRI reporting requirements.

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • The Best Lawyers in America© Environmental Law, 2018
  • 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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