Paul M. Collins

Utility Ratemaking

• Paul has represented numerous utilities before the Michigan Public Service Commission in many different contested case proceedings addressing natural gas and electric ratemaking; construction of natural gas and oil/petroleum pipelines; electric transmission line certification; and securitization.

Development/Redevelopment

• Served as co-environmental counsel for the purchaser of the RACER Willow Run "Arsenal of Democracy" site located in Ypsilanti Township, providing environmental expertise in the review and drafting environmental covenants and easements, obtaining a federal prospective purchaser agreement, and assessing buyer's environmental liability, due diligence and due care obligations.
• Represented mining company in purchase of state-owned property, including acquisition of all surface and mineral rights.
• Helped a steel manufacturer assess the requirements of new federal standards for hazardous air pollutants and use the state's air permit program to achieve a variance.
• Provided advice and counsel on environmental due diligence and transactions involving the purchase and sale of contaminated properties and brownfield sites.

Environmental Litigation

• Helped an electric utility obtain a New Source Review construction permit for a $2 billion coal-fired power plan and defended the permit against citizen suits.
• Defended a municipal electric provider concerning a Clean Air Act citizen suit alleging violations of federal New Source Review, NSPS and Title V operating permit requirements.
• Represented an electric producer in a permit challenge before the Ohio Environmental Review Appeals Commission. 
• Successfully defended an electric utility before the state trial and appellate courts in proceedings concerning judicial review of a PSD construction permit for an 800 MW coal-fired power plant.
• Represented an electric utility in obtaining a favorable CAIR emission allowance allocation from the MDEQ and successfully defended against a judicial challenge to the allocation.
• Represented an electric utility in a Michigan judicial proceeding in which a third party sought to compel the MDEQ to regulate greenhouse gases and obtained a successful judgment refusing to compel such regulation.

State and Federal Agency Enforcement Actions

• Defended numerous manufacturers in U.S. EPA enforcement actions, involving alleged Clean Air Act violations and regulated regulations, including New Source Review, Title V Operating Permits, New Source Performance Standards, and National Emission Standard for Hazardous Air Pollutants (NESHAP).
• Routinely defend manufacturers, utilities and municipalities in state and federal environmental agency enforcement cases, including allegations of violations of Clean Air, Clean Water Act, landfill/solid waste regulations, oil and gas production regulations; and nuisance odor allegations.

Clean Air Act Construction Permitting

• Legal counsel in successfully obtaining and defending a Prevention of Significant Deterioration construction permit for an 800 MW coal-fired power plant.
• Legal counsel in successfully obtaining two Prevention of Significant Deterioration construction permits facilitating the expansion of a steel mill and allowing significant increases in PM10, PM2.5, SO2, VOC, NOx and CO.
• Obtained successful stationary source determinations form MDEQ concerning an automobile parts manufacturing site and a midstream gas/oil services provider's facility. 
• Created a strategy for a natural gas pipeline company to avoid Clean Air Act operating permit applicability while negotiating a favorable settlement with the state air pollution control agency.