Mary Ann F. Saggese - Plews Shadley Racher & Braun

Overview

Mary Ann F. Saggese focuses her practice in the areas of environmental permitting, regulation, enforcement, administrative adjudication and litigation with an emphasis on the Clean Air Act. Mary Ann’s engineering degree and years of industry experience in air regulatory compliance greatly enhance her representation of clients in the environmental field. She has counseled and represented various manufacturing clients in administrative appeals of Title V Permits and in CAA civil and criminal enforcement actions, both at state and federal levels. She also has successfully negotiated more favorable or reduced Title V stack sampling and compliance monitoring requirements for many clients. Mary Ann also counsels clients with NPDES, OSHA, and solid and hazardous waste issues.

Awards

2012-2024, Listed in Best Lawyers in America®

Education

B.S., 1982, Purdue University, Civil Engineering
J.D., 1989, George Washington University, National Law Center

Bar Admissions

Commonwealth of Virginia, 1989
Supreme Court of Virginia, 1989
United States Court of Appeals for the Fourth Circuit, 1989
United States District Court for the Eastern District of Virginia, 1989
State of Indiana, 1991
Supreme Court of Indiana, 1991
United States District Court for the Southern District of Indiana, 1991

Experience

Commissioner of the Department of Environmental Management v. Challenge Door of Indiana, Negotiated settlement of an IDEM Notice of Violation for Failure to meet the BACT determined destruction and capture efficiencies in the air permit. IDEM’s initial proposal for a civil penalty of more than $400,000 was settled for $17,000.
Commissioner of the Department of Environmental Management v. Ward Pattern and Engineering, Inc., (Cause No. A-2978). This matter involved an alleged violation of the requirement to obtain construction and operating permits for air emission sources. An Agreed Order was negotiated and entered into with the Indiana Department of Environmental Management to resolve this dispute.
Commissioner of the Department of Environmental Management v. Knauf Fiber Glass, GmbH, (Cause No. A-1867). This matter involved an alleged opacity violation for air emission sources. An Agreed Order was negotiated and entered into with the Indiana Department of Environmental Management to resolve this dispute.
Commissioner of the Department of Environmental Management v. Accra Pac Group, (Cause No. A-2596). This matter involved alleged violations of the requirement to obtain construction and operating permits for air emission sources and emission offset violations. An Agreed Order was negotiated and entered into with the Indiana Department of Environmental Management to resolve this dispute.
United States Environmental Protection Agency, Region 5 v. Anchor Glass Container Corp., (Cause No. CAA-05-2005-0058). Negotiated settlement with U.S. EPA for failure to operate air pollution equipment and record compliance monitoring data. U.S. EPA’s consideration of full civil penalties was reduced to $96,901 and criminal penalties were avoided.

Affiliations

Professional Affiliations

Member, American Bar Association, SONREEL Section
Member, Indianapolis Bar Association, Environmental Law Section
Member, Indiana State Bar Association, Environmental Law Section
Member, Virginia State Bar Association
Chairman, Environmental Law Association for George Washington University (1988- 1989)
Member, Kappa Alpha Theta Indianapolis Alumni Association
Member, Indiana Chamber of Commerce, Environmental Committee (2008 – present)