Project and Enforcement Defense – Mr. Wyman defends industry clients against government and citizen enforcement actions and before all levels of government on a variety of matters, including permitting, variances, and agency rulemaking. Among several Clean Air Act litigations, Mr. Wyman successfully defended a US$1 billion power plant against a citizen suit challenge in the US District Court and Ninth Circuit Court of Appeals (Romoland et al v. SCAQMD, in which the Ninth Circuit first addressed proper venue for challenging a “merged” Clean Air Act Title V permit).
Cleantech Monetizing Strategies – Mr. Wyman has designed several market-based and innovative programs under the Clean Air Act, including the South Coast Regional Clean Air Incentives Market (RECLAIM) and air quality investment program (AQIP), EPA’s clean air communities program, vehicle pricing and investment strategies (COALESCE), forward-crediting cleantech strategies (California Climate Coalition), and the clean air investment fund (contained in President Clinton’s Directive to EPA regarding ozone and fine particulate standards).
Some of Mr. Wyman’s current and recent representations include:
- ADT in defense of the California Attorney General and certain district attorneys related to electronic waste allegations
- Arctic Cat in defense of US EPA enforcement of Clean Air Act engine and vehicle certification requirements
- Boeing on the US implementation of the International Civil Aviation Organization (ICAO) agreements to regulate aircraft greenhouse gas (GHG) emissions
- California utilities, refiners, manufacturers, credit brokers, and financiers in defending California’s AB32 cap-and-trade offset program against citizen challenge
- Chevron in the implementation and defense of various SCAQMD and CARB regulations
- Equity LifeStyle Properties in defense of several California district attorneys’ allegations related to asbestos regulations
- Southern California Edison Company in defense of California Air Resources Board allegations related to its GHG cap-and-trade auction requirements
- Southern California Gas Company in defense of agency actions related to the Aliso Canyon natural gas leak
- National Climate Coalition on EPA regulation of greenhouse gases under the Clean Air Act
- California Climate Coalition on California’s Global Warming Solutions Act of 2006 (AB 32)
- National Coalition for Advanced Transportation (NCAT) on US and California motor vehicle emission and fuel economy standards
- Regulatory Flexibility Group on Clean Air Act ozone and particulate matter nonattainment matters, including emissions trading and permitting
- Various traditional and renewable energy clients and manufacturers in strategic planning, permitting, and project defense
Mr. Wyman has represented clients before Congress, the White House, the EPA, DOE, and DOT regarding federal legislation, including the 1990 Clean Air Act Amendments as well as on various air quality-related provisions of transportation and energy legislation. He currently serves and has served on the US EPA Clean Air Act Advisory Committee during all but six of its 28 years, and has chaired several of its subcommittees and work groups.
Mr. Wyman recently served as Secretary for the American College of Environmental Lawyers.