Three recent developments suggest that air quality permitting is becoming an increasingly central component of data center and other large infrastructure development. A proposed update to the U.S. Environmental Protection Agency (EPA)’s New Source Review (NSR) program; new emissions standards and categories for on-site power generation; and ongoing litigation over turbine use reflect an evolving regulatory dynamic that may shape the way projects are evaluated going forward.

Click here to read the full GT Alert.

Tags: air quality, data centers, EPA, GT Insight, new source review
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Photo of Eric Waeckerlin Eric Waeckerlin

Eric Waeckerlin is a trusted advisor to leading energy, oil and gas, mining, manufacturing, and industrial companies on their most complex and consequential environmental and natural resources matters. He counsels clients through high-stakes regulatory, permitting, enforcement, and policy challenges at the intersection of

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Eric Waeckerlin is a trusted advisor to leading energy, oil and gas, mining, manufacturing, and industrial companies on their most complex and consequential environmental and natural resources matters. He counsels clients through high-stakes regulatory, permitting, enforcement, and policy challenges at the intersection of major project development, air quality, and climate strategy, with a practice designed to support executive decision-making and enterprise-level risk management.

Eric is nationally recognized for his deep skills navigating the federal Clean Air Act (CAA) and its state analogues, and he routinely advises on permitting, compliance, and enforcement matters affecting large-scale conventional and low-carbon energy projects. His experience spans the full lifecycle of major projects—from early siting and permitting strategy through construction, operation, and defense of agency actions—allowing clients to move critical projects forward while managing regulatory, reputational, and financial risk. In addition to the CAA, Eric has substantial experience under the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the National Environmental Policy Act (NEPA).

As energy markets evolve, Eric has been at the forefront of advising clients on climate and decarbonization strategies. He counsels companies on domestic and international climate and methane policy, including carbon capture and other CO₂ management regimes, emissions reduction and offset strategies, and participation in carbon and greenhouse gas markets. His work helps clients integrate highly complex regulatory compliance with broader sustainability, investment, and corporate strategy objectives.

In high-stakes litigation and regulatory challenges, Eric has served as lead counsel for national oil and gas trade associations in challenges to federal regulations and has successfully defended oil and natural gas companies in numerous multimillion-dollar air quality enforcement actions brought by the EPA and state agencies. Clients value his ability to combine technical regulatory knowledge with strategic judgment, making him a go-to counselor for executives and management teams navigating the legal risks shaping the future of energy.

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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 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

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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 Marisa Del Turco Marisa Del Turco

Marisa Del Turco advises energy, oil and gas, industrial, and manufacturing clients on complex environmental and natural resources matters. Her practice focuses on helping clients navigate regulatory, permitting, and enforcement challenges involving air quality, water, waste, and contaminated sites. She works with companies…

Marisa Del Turco advises energy, oil and gas, industrial, and manufacturing clients on complex environmental and natural resources matters. Her practice focuses on helping clients navigate regulatory, permitting, and enforcement challenges involving air quality, water, waste, and contaminated sites. She works with companies across the traditional and renewable energy sectors, as well as infrastructure and industrial development projects, to manage environmental risk and address compliance obligations at both the federal and state levels. She also advises on land development projects, helping clients navigate complex regulatory and permitting requirements to pursue their business objectives.

Marisa routinely counsels clients on matters arising under the federal Clean Air Act (CAA) and has experience with supporting matters under the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA), as well as analogous state laws. She also advises on administrative rulemakings and regularly represents clients in engagements with regulatory agencies, including the U.S. Environmental Protection Agency.

Her practice includes environmental due diligence, contract analysis, and support for corporate transactions and negotiations. She partners with client teams to develop practical, forward-looking legal strategies that align regulatory requirements with business objectives and facilitate efficient deal execution.

Marisa has significant trial experience in high-stakes environmental litigation and regulatory challenges, having served as a key team member in multi-week trial defenses for major corporate clients. Her hands-on litigation experience spans all phases of trial practice, from case strategy and witness preparation to courtroom advocacy. She has served on trial teams representing companies in mass joinder and class action-related matters. This depth of trial experience strengthens her ability to assess environmental risk and advise on corporate transactions, including advising on enforcement and litigation exposure.

Marisa has experience in both civil law and common law systems, providing a valuable perspective for navigating codified regulatory frameworks and supporting cross-border environmental and energy matters for global clients.

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