Overview

Lee Johnson has extensive experience in air quality permit and compliance matters before local air quality regulatory authorities, the Michigan Department of Environmental Quality (MDEQ), other state environmental agencies, and the U.S. Environmental Protection Agency (EPA). He handles issues concerning the Prevention of Significant Deterioration (PSD) permit program, new source review in nonattainment areas, minor source permitting, Title V renewable operating permits, hazardous and toxic air pollutants, emissions control and monitoring requirements, and many other facets of local, state, and federal air quality regulation. Lee's air quality regulation practice includes clients in a wide variety of industries, such as Portland cement manufacturing, automobile manufacturing, paper mills, foundries, automobile parts manufacturing, electroplating operations, electric utilities, hazardous waste treatment, and many others.

  • Represents businesses and individuals in administrative disputes with EPA and the MDEQ and other state regulatory agencies
  • Advises businesses and individuals regarding environmental law litigation
  • Assists firms that are seeking permits and other authorizations from environmental regulatory agencies, including installation permits for major and minor air emission sources and renewable operating permits
  • Actively involved in the defense of Administrative Enforcement Actions, including the assessment and response to notices of alleged violations issued by federal and state regulatory agencies to avoid further escalated enforcement actions, evaluation of penalties proposed by enforcement agencies with regard to applicable law and agency penalty policies, and evaluation of evidence of alleged violation

Services

Experience

Representative Matters

  • Defended clients in administrative proceedings brought by federal and state authorities seeking civil penalties and to compel a facility to implement new or additional air pollution control measure
  • Negotiated mutually satisfactory resolutions, including substantially reduced penalties for clients, consulting engineers, and regulatory agencies to develop innovative alternatives to fines and penalties such as “supplemental environmental projects” to benefit the environment
  • Represented clients in litigation involving challenges to environmental agency rulemakings and permitting decisions, enforcement actions by environmental regulatory agencies, and “citizen suit”
  • Advised clients on issues determining requirements to install continuous emission monitors, negotiating appropriate emissions limitations, and resolving requirements for obtaining PSD or other air quality permits
  • Advised a number of clients on Title V renewable operating permit issues such as determining whether clients must apply for such permits, helping clients prepare permit applications, and assisting clients in negotiating permit conditions
  • Advised clients regarding the applicability of local, state, and federal air quality regulations, including New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and state air pollution control regulations
  • Obtained state and federal air quality licenses and permits and exceptions or variances to permit requirements and regulations
  • Evaluated whether licenses or permits are required for client activities, assisted clients in completing license and permit applications, and negotiated with regulatory officials regarding the proper conditions to be included in licenses and permits
  • Assisted clients in making presentations at hearings on license and permit issues and defended licenses and permits that were challenged by environmental organizations
  • Participated in the adoption by the MDEQ Science Advisory Panel of a policy related to regulation of crystalline silica as a toxic air pollutant and subsequent promulgation of an MDEQ rule change removing crystalline silica from the Michigan list of toxic air pollutants
  • Instrumented the promulgation of an exemption from permit-to-install requirements for certain electric induction furnaces and in the enactment of legislation to expand the "emergency defense" under Michigan law to sources that are not regulated by a renewable operating permit

Credentials

Education

Admissions

Court Admissions

Recognition

Awards

  • The Best Lawyers in America, 2016-2022
    • Recognized in practice area of Environmental Law
  • Detroit Environmental Law "Lawyer of the Year," 2017 and 2020
  • Michigan Super Lawyers, 2010-2019
  • Leading Lawyers Magazine Michigan, 2017
    • Recognized in practice area of Environmental Law

Professional & Community Involvement

  • State Bar of Michigan
    • Environmental Law Section
      • Chair, 2014-2015
      • Chair-Elect, 2013-2014
      • Secretary/Treasurer, 2012-2013
      • Section Council, 2000-2006
      • Air Committee, Past Chair 
  • American Bar Association, Environment, Energy and Resources Section 
  • Air & Waste Management Association 
    • East Michigan Chapter, Past Chair

News & Insights

News

  • Kenneth C. Gold, S. Lee Johnson and Richard A. Barr are featured as blog authors in the Oakland County Legal News article “Firm Launches Environmental Law Blog”
    Media |
  • S. Lee Johnson mentioned in the State Bar of Michigan news release “SBM Environmental Law Section to Co-Host Environmental Regulatory Conference May 16 in Lansing” regarding his participation as a speaker
    Media | Also mentioned in Detroit Legal News, Oakland County Legal News and Washtenaw County Legal News |
  • S. Lee Johnson quoted in the Crain’s Detroit Business online article “Report: Michigan’s power plants need to reduce mercury pollution”
    Media |

Publications

  • Publication | Michigan Bar Journal |
  • Court vacates EPA ‘Adjacency’ determination under the Clean Air Act
    Publication | Trends, ABA Section of Environment, Energy, and Resources | November/December 2012
  • Other Federal Environmental Statutes
    Publication | Environmental Liability and Insurance Recovery, American Bar Association |
  • Michigan Environmental Law Deskbook Annual Updates, (Air Pollution Chapter)
    Publication | Institute of Continuing Legal Education
  • State Bar of Michigan Environmental Law Section Air Committee's Quarterly Report
    Publication | Michigan Environmental Law Journal
  • The Future of US/Canada Transboundary Pollution Disputes
    Publication | Air & Waste Management Association's 102nd Annual Conference and Exhibition, Detroit, MI
  • Revisions to EPA's New Source Review Program Under the Obama Administration
    Publication | Air & Waste Management Association's 102nd Annual Conference and Exhibition, Detroit, MI |
  • Emission Offsets for PM2.5 in Non-Attainment New Source Review
    Publication | Air & Waste Management Association's 102nd Annual Conference and Exhibition, Detroit, MI |
  • Using Market Forces to Reduce Pollution: Michigan’s Emission Reduction Credit and Emission Averaging Rule
    Publication | Michigan Bar Journal

Seminars & Events

  • Legal Update on Significant Air Cases
    Event | Lansing, MI | | | Presenter
  • Legal Update on Significant Air Cases
    Event | Lansing, MI | |
  • Legal Update on Significant Air Cases
    Event | Lansing, MI | | | Presenter
  • The Clean Air Act: A Bird's Eye View
    Event | Ann Arbor, MI | | | Presenter
  • Emerging Air Quality Laws and Policies: What's on the Horizon in Michigan
    Event | Lansing, MI | | | Co-presenter
  • The Role of Courts in Challenging Agency Decisionmaking
    Event | Lansing, MI | | | Panelist
  • Review of the D.C. Circuit's Decision in Coalition for Responsible Regulation et al. v. EPA Greenhouse Gas Rule
    Event | Detroit, MI | | | Presenter
  • Greenhouse Gas Regulatory Update
    Event | |
  • The Clean Air Act: A Bird's Eye View
    Event | Ann Arbor, MI | |
  • A Realistic Look at the New Industrial Boiler MACT
    Event | |
  • Regulatory Drivers for Clean Tech
    Event | |
  • Greenhouse Gas Regulatory Update
    Event | |
  • Greenhouse Gas Regulatory, Legislative and Judicial Developments - Air Quality Regulations in 2011: Greenhouse Gases and Beyond
    Event | |
  • Regulation of Greenhouse Gases Under the CAA: EPA's Tailoring Rule
    Event | |
  • Part 201 Roundtable (Breakfast Briefing), Update on Greenhouse Gas Regulation
    Event | |
  • Regulation of Greenhouse Gases Under the CAA: EPA's Tailoring Rule
    Event | |
  • Regulation of Greenhouse Gases Under the CAA: EPA's Tailoring Rule
    Event | |
  • Regulation of Greenhouse Gases Under the CAA: Do We Really Need New Legislation to Fight Global Climate Change
    Event | |
  • Regulation of Greenhouse Gases Under the CAA: EPA's Tailoring Rule
    Event | |
  • Event | Lansing, MI | | Presenter
  • Regulation of Greenhouse Gases from Stationary Sources Under the CAA: Recent Proposals and Future Actions
    Event | |
  • Regulation of Greenhouse Gases from Stationary Sources Under the CAA: Recent Proposals and Future Actions
    Event | |
  • Tailoring Rule
    Event | |
  • Driving Environmental Progress
    Event | Detroit, MI | | | Participant
  • What EPA’s Proposed Endangerment Finding Means to Michigan Businesses: Potential Regulatory Consequences
    Event | |
  • State Bar Climate Change Earth Day Conference
    Event | |
Jump to Page

By using this site, you agree to our Privacy Policy and our Disclaimer.