On Sept. 5, 2025, the D.C. Circuit reversed EPA’s 2023 rule rescinding the “startup, shutdown and malfunction” (SSM) affirmative defense under the Title V permitting program. See SSM Litigation Group v. EPA, Case No. 23-1267 (D.C. Cir. Sept. 5, 2025). The decision carries implications for Title V programs nationwide and for stationary source regulations more broadly. 

Continue reading the full GT Alert.

Tags: EPA, GT Insight, title v
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Photo of Courtney M. Shephard Courtney M. Shephard

Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her

…

Courtney Shephard guides energy companies through complex regulatory landscapes in the Rocky Mountain West. Her experience spans conventional and low-carbon energy production, with a focus on federal regulatory compliance, permitting strategies, and resolving enforcement matters.

At the core of Courtney’s work is her comprehensive approach to environmental compliance. She adeptly maneuvers through complex federal mandates—including NEPA, Clean Air Act, and Endangered Species Act requirements—and handles federal administrative appeals. Her experience includes crafting site-specific development strategies for localized development challenges that with the goal of achieving both environmental protection and development objectives.

Leveraging her background in climate policy analysis, carbon market dynamics, and emissions accounting, Courtney collaborates with clients to develop comprehensive carbon management strategies. Her practice includes methane and CO2 reduction strategies, Class VI storage permitting, and pore space acquisitions. She also represents clients in rulemaking and permitting proceedings before the Colorado Energy & Carbon Management Commission.

Access to adequate water supplies is a common project development challenge in the arid western United States. Courtney has more than a decade of experience working with private and municipal clients to appropriate, buy/sell, change, and protect water rights through private transactions and Colorado water court proceedings.

Courtney’s strategic vision and comprehensive understanding of regulatory frameworks have been instrumental in advancing numerous energy and infrastructure projects throughout the region. Her ability to synthesize complex regulatory requirements with practical business needs make her an asset to clients navigating the ever-changing energy landscape.

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Photo of Eric Waeckerlin Eric Waeckerlin

Eric Waeckerlin counsels clients across the energy, mining, solid and hazardous waste, manufacturing, and industrial sectors on a wide variety of complex environmental, public lands, and natural resources matters. Eric has been at the forefront of emerging legal and regulatory landscapes, with a

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Eric Waeckerlin counsels clients across the energy, mining, solid and hazardous waste, manufacturing, and industrial sectors on a wide variety of complex environmental, public lands, and natural resources matters. Eric has been at the forefront of emerging legal and regulatory landscapes, with a particular focus on air quality and climate change issues facing conventional and low-carbon energy development.

Eric focuses much of his practice on issues arising under the federal Clean Air Act (CAA) and has substantial experience advising clients on the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the National Environmental Policy Act (NEPA) as well as all delegated state equivalents. Eric is frequently called upon to represent companies in high-stakes federal and state enforcement, policy, and regulatory matters before the EPA, BLM, and state environmental agencies and oil and gas conservation commissions across the Rocky Mountain West.

As the energy landscape continues to change, Eric’s practice has evolved to meet his clients’ needs. He frequently counsels clients on domestic and international climate change and methane policy, including the Inflation Reduction Act’s Methane Emissions Reduction Program, CO2 management and capture and reduction strategies, and other issues affecting conventional and clean energy projects. In his litigation practice, Eric has served as lead counsel for national oil and gas trade associations in challenges to federal regulations. He has also defended oil and natural gas companies in multimillion dollar air quality enforcement actions brought by the EPA and related state agencies.

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Photo of Lauren Hammond Lauren Hammond

Lauren Hammond is an environmental law attorney with nearly a decade of experience managing and enforcing complex regulatory matters under federal and state laws. As a former Senior Clean Air Act attorney for the U.S. Environmental Protection Agency, Lauren counseled, litigated, and negotiated…

Lauren Hammond is an environmental law attorney with nearly a decade of experience managing and enforcing complex regulatory matters under federal and state laws. As a former Senior Clean Air Act attorney for the U.S. Environmental Protection Agency, Lauren counseled, litigated, and negotiated high profile cases under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act.

Lauren has deep experience enforcing and addressing compliance matters with the oil and gas industry across the Mountain West, and on a national scale developing and leading the EPA’s National Enforcement and Compliance Initiative to mitigate air impacts from oil and gas.

Additionally, Lauren advised on numerous New Source Performance Standards for the oil and gas sector and other rulemakings under the Clean Air Act.

Lauren’s government experience also involved work with municipalities and construction companies on water quality issues, air quality issues related to diesel engine defeat device investigations, oil spill cleanup and spill prevention with gasoline distributors, waste cleanup related to oil wastewater disposal facilities, and municipal landfill air quality investigations. Lauren has led more than two dozen enforcement actions and investigations and draws from this breadth of experience to provide effective counsel on a diversity of environmental issues.

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Photo of Mary Katherine Andrews Mary Katherine Andrews

Mary Katherine Andrews is a member of the Environmental Practice in Greenberg Traurig’s Denver Office. Her practice focuses on Environmental Litigation and Energy Law, drafting, issuing, and enforcing regulations related to environmental protection.

Mary Katherine advises clients on litigation and enforcement matters, as…

Mary Katherine Andrews is a member of the Environmental Practice in Greenberg Traurig’s Denver Office. Her practice focuses on Environmental Litigation and Energy Law, drafting, issuing, and enforcing regulations related to environmental protection.

Mary Katherine advises clients on litigation and enforcement matters, as well as related auditing and compliance matters, under the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Mary Katherine is also a member of GT’s Water Law practice, assisting with matters regarding water rights.

Read more about Mary Katherine Andrews
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Photo of Aurora Marsh Aurora Marsh

Aurora Marsh concentrates her practice on energy projects, land use, and natural resources. Aurora brings experience in public infrastructure, water, and the environment within regulatory and litigation frameworks. At the core of Aurora’s work is her comprehensive approach to legal research, which synthesizes…

Aurora Marsh concentrates her practice on energy projects, land use, and natural resources. Aurora brings experience in public infrastructure, water, and the environment within regulatory and litigation frameworks. At the core of Aurora’s work is her comprehensive approach to legal research, which synthesizes doctrines, statutes, regulations, environmental laws, disputes, permitting, and scientific data to best advise clients.

Read more about Aurora MarshAurora's Linkedin Profile
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