The Ayres Law Group

Litigation

Ayres Law Group LLP represents clients in highly consequential environmental matters in federal and state courts, with an emphasis on appellate advocacy. In our more than four decades of environmental law practice, our attorneys have handled dozens of federal trial and appellate court cases involving the interpretation and enforcement of the Clean Air Act, National Environmental Policy Act, Atomic Energy Act, Administrative Procedure Act, and other federal environmental and administrative laws.

The firm focuses on environmental litigation related to air pollutionclimate change and energy. We regularly represent clients at all levels of the federal courts, including in the United States Supreme Court, and before various federal agencies. We presently represent a major electric utility and renewable energy company and a national trade association of solar energy companies in litigation regarding EPA regulations issued under sections 111(b) and (d) of the Clean Air Act limiting greenhouse gas emissions from power plants. In recent years we have successfully overturned and defended EPA regulations before the federal courts of appeal and the Nuclear Regulatory Commission on behalf of corporate clients. Other representative work includes authoring briefs in both of the U.S. Supreme Court decisions handed down in 2007, representing the State of North Carolina in a precedent-setting common law nuisance action in federal district court and the U.S. Court of Appeals for the Fourth Circuit, and winning precedential litigation in 2013 before the NRC expanding the jurisdiction of Atomic Safety and Licensing Boards over modifications of nuclear power plants.

Our legal team

Our lawyers’ record of successful litigation outcomes includes:

  • Obtaining a ruling requiring a public hearing from a Nuclear Regulatory Commission Atomic Safety and Licensing Board for review of defective replacement steam generators in a nuclear power plant
  • Obtaining nuisance judgment requiring installation of pollution controls on four large power plants in the Tennessee Valley Authority system (decision formed the basis of omnibus settlement with EPA, four states, and other litigants that substantially reduced TVA emissions)
  • Securing remand of an EPA regulation under Title VI of the Clean Air Act
  • Settling the largest enforcement case ever brought by EPA under Clean Air Act mobile source requirements on behalf of a multinational engine manufacturer
  • Winning the largest monetary settlement of a private air pollution matter in U.S. history on behalf of residents of a small Ohio town
  • Obtaining consent decrees in 1980 in litigation against the Tennessee Valley Authority that cut national emissions of sulfur oxides by 5 percent

We work with our clients to identify their core interests and keep the door open to a favorable settlement, minimizing time and costs. We are accomplished litigators with a demonstrated record of success in achieving favorable results for our clients in complex, high-stakes multi-party environmental litigation.

Policy Alerts

Periodically, we provide policy alerts to keep our clients up-to-date on important policy developments and trends as we see them arising. We track the issues that are important to our clients to help you achieve your business and environmental goals.

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