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Litigation Support

ATP provides expert witness services to government and corporate clients in areas relating to energy or environmental matters.

Clients have included the US Department of Justice, the Attorney General of North Carolina, BNSF and CSX Railways, Norfolk Southern Railway, General Electric Corporation, Illinois Environmental Protection Agency.  The following are some examples of cases where ATP provided expert services.

Case Studies

  • 2024 – ATP prepared a declaration that was submitted by several states to the US Supreme Court in their opposition to a motion by North Dakota, West Virginia and fossil fuel companies to stay the MATS update rule pending litigation.  The declaration (click to download) was instrumental in the Court’s decision to not permit the stay to proceed and keep the MATS update rule on track.  To read the brief, click here.  The full Appendix can be read at this link.
  • April 2019 – Testimony in US District Court, Saint Louis, MO, United States v. Ameren Missouri regarding Best Available Control Technology at Ameren Missouri’s Rush Island plant and related remedies. (link to decision)
  • December 2016 – Arbitration Hearing: First Energy Corporation v. BNSF and CSX. Testimony regarding emission controls as they relate to coal delivery contracts at First Energy plants. (link to article)
  • December 2012 – Testimony in US District Court, Baltimore, MD: United States v. Westvaco. (link to decision)
  • November 2009 – Testimony on behalf of Chase Power in Texas administrative court regarding Best Available Control Technology for proposed Las Brisas Energy Center.
  • July 2008 – Attorney General of North Carolina v. Tennessee Valley Authority.  AG of NC wanted TVA to reduce emissions from TVA’s coal-fired plants. (link to decision) (link to consent decree)
  • 2006 – Before the Pollution Control Board on behalf of the Illinois Environmental Protection Agency. Testimony regarding mercury control from coal fired power plants in Illinois
  • 2004 – Forney Corp. v. General Electric Corp.  Client was accused of patent infringement and contract violations relating to furnace monitoring technology.