This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints.

Click here to read the article, published by the American Coal Council’s American Coal magazine, Issue 1 2022. Reprinted with permission.

Photo of Paul M. Seby Paul M. Seby

Paul Seby is a leading practitioner in the Rocky Mountain region, with nearly 25 years’ experience analyzing a myriad of environmental issues. He counsels public and private clients in the energy, mining, manufacturing, and service industries on how to navigate and operate within

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Paul Seby is a leading practitioner in the Rocky Mountain region, with nearly 25 years’ experience analyzing a myriad of environmental issues. He counsels public and private clients in the energy, mining, manufacturing, and service industries on how to navigate and operate within the complex framework of state and federal environmental regulations and policies. Mr. Seby has vast experience prosecuting cases to enforce and overturn administrative agency regulations and decisions, and has defended clients in federal and state enforcement proceedings, in appearances before the U.S. Supreme Court, several U.S. Courts of Appeal, and the Colorado Supreme Court, among others. Bearing in mind that a successful outcome is often a combination of traditional and non-traditional legal strategy, Mr. Seby leverages his experience to negotiate with government agencies and adversary groups.

Whether a lending transaction, M&A transaction, or other business venture, clients across the country trust Mr. Seby to draw upon his deep understanding of how government programs and agencies function to identify existing and potential environmental pitfalls they may face in achieving their business goals. He efficiently and effectively guides his clients in developing practical, workable strategies to take on legal and business challenges, and has been recognized for his work by many leading legal publications.

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Photo of Christopher Bell Christopher Bell

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes…

Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes internal investigations, responding to grand jury investigations and agency information requests, and negotiating consent, probation, and debarment agreements. He is currently the EPA Independent Monitor overseeing the nation’s largest investor-owned energy company’s compliance with complex debarment and probation agreements arising from the resolution of a criminal enforcement case brought under the Clean Water Act.

Chris assists buyers, sellers, investors and financial institutions on the environmental aspects of transactions, including conducting due diligence, negotiating the environmental provisions of transactional documents, and identifying and executing insurance-based risk management opportunities. His transactional experience has included upstream, midstream and downstream energy projects, alternative energy projects, and transactions in the manufacturing, logistics, consumer products and chemicals sectors.

He helps clients evaluate and implement compliance and ethics programs (e.g., under the Sentencing Guidelines), and environmental, health and safety management systems (including based on ISO 14001). Chris advises clients on sustainable development, climate change, product and chemical stewardship and regulation, and value chain management. He recently served on an independent committee advising the senior management of a Fortune 50 company on its global sustainability strategy and reporting.

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