Britt Speyer Fleming




1050 Thomas Jefferson Street NW
Seventh Floor
Washington, DC 20007
  • Advises electric utilities on compliance strategies related to the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards (MATS). Representation includes meetings and interaction with EPA’s Office of Enforcement and Compliance Assurance (OECA), Office of Air and Radiation, and applicable EPA regional offices.
  • Represented a large manufacturer of off-road engines in an enforcement action involving allegations of a significant number of Clean Air Act violations.  Settlement entailed extensive interaction with attorneys from EPA’s OECA and the Department of Justice to develop mitigation strategy and reduced penalty amount. 
  • Counsels a control technology manufacturer on potential markets for innovative monitoring package. Representation involves facilitating contact with relevant EPA staff at the Office of Air Quality Planning and Standards (OAQPS).
  • Assisted a large public power company in developing a Best Available Retrofit Technology (BART) determination for a plant impacted by EPA’s Regional Haze Program. Project entailed working with the state permitting authority, the applicable EPA regional office, and EPA Headquarters.
  • Drafted several sets of comments on EPA’s MATS rule for large public power companies and impacted unions. 
  • Represented an association of automobile manufacturers in the strategy and rule development for air toxics regulations applicable to the surface coating of the auto body, plastic and metal parts of the vehicle. Engagement entailed working with companies to respond to the Information Collection Request, drafting comments, supplemental comments and technical amendments, and organizing and attending meetings with staff and management at OAQPS as well as EPA’s Office of Air and Radiation.  
  • Challenged, on behalf of an industry association, EPA’s air toxics rule applicable to reciprocating internal combustion engines (RICE). Representation involved meetings with Department of Justice (DOJ) and EPA Office of General Counsel (OGC) attorneys and developing consensus-based settlement with client association and other associations in the consolidated proceeding.    
  • Assisted a natural gas pipeline company with drafting comments in a Federal Energy Regulatory Commission (FERC) certificate proceeding responding to Clean Air Act issues raised during the National Environmental Policy Act (NEPA) review. 
  • Represented a group of automobile manufacturers in commenting on EPA’s air toxics standards applicable to industrial boilers (Boiler MACT). Project entailed drafting comments as well as coordinating with other industry groups participating in the rulemaking process including meeting with the Office of Management and Budget (OMB) and EPA’s OAQPS.