Mack McGuffey practices environmental law as a partner in Troutman Sanders' Atlanta office and specializes in regulatory compliance under the Clean Air Act. He represents electric utility and industrial clients on a number of important air quality issues, including New Source Review, Title V Operating Permits, Maximum Achievable Control Technology standards, and Regional Haze. He is also member of Troutman Sanders' Climate Change and Renewable Energy Practice Teams. Mack has additional experience in enforcement action and litigation matters, and has helped defend clients against a wide variety of environmental claims.
Representative Engagements
Representing Southwestern utility in effort to resolve citizen suit / enforcement action filed under the Clean Air Act and advising client on drafting and implementation of Consent Decree requiring the installation of $200 million in pollution control equipment.
Preparing amicus brief for the Georgia Chamber of Commerce in appeal at the Georgia Court of Appeals regarding whether a construction permit for a new coal-fired power plant must contain carbon dioxide emission limits.
Advising numerous large southeastern electric utility companies annually on potential New Source Review implications of all capital and significant maintenance projects.
Preparing comments for Georgia industry coalition to present industry perspective on the practical effect of Georgia's proposal to adopt the 2002 New Source Review Reform rules and, in 2011, assisting in the development of guidance for implementing those rules.
Reviewing history of capital projects conducted by a Midwestern electric utility company to identify potential New Source Review enforcement risks.
Advising Puerto Rican landfill in responding to EPA Information Request issued under Section 114 of the Clean Air Act.
Representing Southwestern utility in Best Available Retrofit Technology (BART) determination required as part of the Clean Air Act Regional Haze program for addressing visibility impacts to national parks and wilderness areas.
Representing large southeastern utility company in construction permitting process for converting a large coal-fired power plant to a natural gas-fired power plant in the Atlanta ozone nonattainment area.
Representing large southeastern utility company in construction permitting process for converting a large coal-fired power plant to one of the largest biomass-fueled boilers in the country.
Advising numerous clients on completion and submission of annual compliance certifications required for major sources subject to Title V of the Clean Air Act.
Assisting manufacturing client with applicability determination and compliance with national emission standards for hazardous air pollutants.
Preparing guidelines for compliance with Title VI of the Clean Air Act regarding proper handling of ozone depleting substances.
Advising several manufacturing clients on hazardous substance reporting requirements and use of EPA's audit policy to eliminate penalties for possible noncompliance.
Representing developer of a residential subdivision in Atlanta with regard to a threatened Clean Water Act Citizen suit and enforcement actions initiated by state and federal environmental agencies.
Representing large manufacturing client in Northeast Georgia with voluntary cleanup of a release of hazardous substances at a site listed on Georgia's Hazardous Site Inventory.
Assisting several large utility clients with environmental provisions in purchase and sale agreements for power plants located in the southeast and the midwest.
Advising manufacturing clients in compliance with the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards.
Representing large chemical company in EPA enforcement action under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA).
Publications
Author, "Regulating Carbon," Turbomachinery International, May/June 2009.
Co-author, "Regulating GHGs Under The Clean Air Act," Law360, Portfolio Media, Inc., (www.Law360.com) (March 2009).
Author, "U.S. high court deals with emissions," Turbomachinery, May/June 2007.
Co-author, "Global Warming Solutions: Regulatory Challenges and Common Law Liabilities Associated With The Geologic Sequestration of Carbon Dioxide," Georgetown Law Review, 6 Geo. J.L. & Pub. Pol'y 429 (2008).
Co-author, "Leaking Underground Storage Tanks as Abnormally Dangerous Activities," Penn State Environmental Law Review, 14 Penn St. Envtl. L. Rev. 643 (2006).
Author, "Power Generators Beware!" Turbomachinery, May/June 2006, Vol. 47 No. 3.
Co-author, "The New Source Review Rules: Reform or Rollback? An Industry Perspective," American Bar Association Air Quality Committee Newsletter, January 2005.
Co-author, "Recent Trends in CAA Citizen Suits: Managing Risk in the Serengeti," American Bar Association Natural Resources & Environment, Winter 2006.
Co-author, "Taking Care of CAIR," American Bar Association Natural Resources & Environment, Summer 2005.
Presentations and Speaking Engagements
"EPA's "Non-Hazardous Secondary Materials" (NHSM) Rule," Energy, Utility, and Environment Conference (EUEC), February 1, 2012.
"EPA's MATS Rule: MACT for Utilities," Regulation Week Audio Conferences, December 28, 2011.
"FINAL Industrial Boiler and Process Heater MACT," McIlvaine Hot Topic Hour, March 10, 2011.
"New 2011 EPA GHG Emission Regulations," Biowood Energy Audio Conferences, December 17, 2010.
"Industrial Boiler and Process Heater MACT," McIlvaine Hot Topic Hour, November 18, 2010.
"Greenhouse Gas Regulations Under the Clean Air Act," 2010 Annual Meeting and Technical Conference, Southern Section of A&WMA, August 6, 2010.
"Greenhouse Gas Regulations Under the Clean Air Act," Georgia Bar Environmental Law Section Summer Seminar, July 30, 2010.
"Everything Under the Sun: Recent Efforts to Address Climate Change," Georgia Bar Environmental Law Section Summer Seminar, August 8, 2009.
"The 'Sum of the Differences:' Applying NSR Math in the Real World," Air & Waste Management, South Atlantic Section 2008 Environmental Management Conference, November 20, 2008.
"Managing Environmental Compliance", Georgia Institute of Technology, Semi-annually March 2007 through October 2010.
"Clean Air Regulations: What's Next?", Georgia Chemistry Council, November 14, 2006.
Other Distinctions
Selected as a Georgia "Rising Star" in Environmental Law by Law & Politics' Georgia Super Lawyers Magazine (2007, 2009, 2011)
Work Experience
Partner, Troutman Sanders LLP, 2012-present
Associate, Troutman Sanders LLP, 2003-2011
Memberships
· State Bar of Georgia (Chairman, Environmental Law Section)
Membership: State Bar of Georgia (Chair Elect, Environmental Law Section).