Mary Ann F. Saggese Who We Are
 

Mary Ann F. Saggese, Of Counsel Back to Attorney List
   
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.  Mary Ann 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 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.  Prior to law school, Mary Ann managed all air regulatory and pollution control equipment activity and acted as the primary IBM representative in production plant air regulation issues involving local, state and federal officials for IBM Corporation from 1982 to 1987.   Mary Ann has been a speaker for the Indiana University School of Law at Indianapolis, National Business Institute, Environmental Quality Control, Inc., and the Indiana Manufacturers’ Association.  Mary Ann Saggese has been selected by her peers for inclusion in The Best Lawyers in America for her work in the practice area of Environmental Law.

Mary Ann received her B.S. in Civil Engineering from Purdue University in 1982 with an emphasis on environmental engineering.  Mary Ann received her J.D. from The George Washington University National Law Center in Washington, D.C. in 1989.  She practiced law at Braude and Marguiles in Washington, D.C. and Cromer, Eaglesfield & Maher in Indianapolis prior to joining the firm in 1997.  Among other volunteer activities, Mary Ann has served on the Board of Directors for the Homeowners Association and the Central Indiana Dance Ensemble (CIDE).

Practice Areas

  • Environmental

Significant Cases, Administrative Matters & Transactions

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.

Publications & Speaking Engagements

2007
Publication
  Author and Speaker, "Air Compliance Issues and Forward Thinking", In the Huddle with Plews Shadley Racher & Braun LLP
 
2007
Speaking Engagement
  Speaker, "Understanding the Clean Air Act", Indiana University School of Law - Indianapolis
 
1999
Publication
  Author and Speaker, "Understanding the Clean Air Act," National Business Institute
 
1994
Publication
  Author and Speaker, "Reducing the Legal Risks of Environmental Compliance Auditing," Environmental Quality Control, Inc.
 
1994
Publication
  Author and Speaker, "The New Air Toxics Program:  Understanding Your Options," Shelby County Chamber of Commerce
 
1993
Publication
  Author and Speaker, "What does the New Clean Air Act Mean for Shelby County, Indiana?" Shelby County Chamber of Commerce
 
1992
Publication
  Author and Speaker, "Emission Trading: Compliance Planning Under the Clean Air Act," Indiana Manufacturers Association and Environmental Quality Control, Inc.
 
1992
Publication
  Author and Speaker, "To Audit or Not to Audit?" Environmental Quality Control, Inc.
 
1991
Publication
  Author and Speaker, "Criminal Application of CERCLA," Indiana Manufacturers Association and Cromer, Eaglesfield & Maher
 

Associations & Memberships

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)

Honors

2016   Listed in Best Lawyers in America®
 
2016   Listed in Best Lawyers in America®
 
2015   Listed in Best Lawyers in America®
 
2013   Listed in Best Lawyers in America®
 
2012   Listed in Best Lawyers in America®
 
1982   Tau Beta Pi
 
1982   Chi Epsilon
 
1979   Alpha Lambda Delta
 
1978   Hoosier Scholarship
 
1978   Burmaster Scholarship
 
1978   Indiana State Scholarship
 

Employment History

1997 - present Of Counsel, Plews Shadley Racher & Braun LLP, Indianapolis
Area: Environmental permitting, regulation and enforcement; administrative adjudication and representation; litigation
 
1990 - 1997 Associate, Cromer Eaglesfield & Maher, Indianapolis
Area: Environmental permitting, regulation and enforcement; administrative adjudication and representation; litigation
 
1989-1990 Associate, Braude and Marguiles, Washington, D.C.
Area: Private and Government Contracts and Construction Law

1982-1987 IBM Corporation, Manassas, Virginia
Area: Environmental Engineering; Managed all air regulatory and pollution control equipment activity; Primary IBM representative in issues involving local, state, and federal officials concerning air regulations and IBM production plans 

Volunteer Activities

Member, Board of Directors, Homeowners Association, 2005 - Present

Member, Board of Directors, Central Indiana Dance Ensemble (CIDE), 2009 - 2011

Client Alerts

August 17, 2016   Twelve PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2015   Thirteen PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2014   Plews Shadley Racher & Braun attorneys named Best Lawyers in America
By Plews Shadley Racher & Braun LLP
 
August 15, 2013   PSRB Attorneys Included in The Best Lawyers in America®
By Plews Shadley Racher & Braun LLP
 
January 27, 2011   EPA Issues Revised NESHAPs for Gasoline Bulk Plants, Pipeline Facilities and Gasoline Dispensing Facilities
By J. Michael Bowman
 

Practice Areas

  • Environmental

Significant Cases, Administrative Matters & Transactions

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.


Publications & Speaking Engagements

2007
Publication
  Author and Speaker, "Air Compliance Issues and Forward Thinking", In the Huddle with Plews Shadley Racher & Braun LLP
 
2007
Speaking Engagement
  Speaker, "Understanding the Clean Air Act", Indiana University School of Law - Indianapolis
 
1999
Publication
  Author and Speaker, "Understanding the Clean Air Act," National Business Institute
 
1994
Publication
  Author and Speaker, "Reducing the Legal Risks of Environmental Compliance Auditing," Environmental Quality Control, Inc.
 
1994
Publication
  Author and Speaker, "The New Air Toxics Program:  Understanding Your Options," Shelby County Chamber of Commerce
 
1993
Publication
  Author and Speaker, "What does the New Clean Air Act Mean for Shelby County, Indiana?" Shelby County Chamber of Commerce
 
1992
Publication
  Author and Speaker, "Emission Trading: Compliance Planning Under the Clean Air Act," Indiana Manufacturers Association and Environmental Quality Control, Inc.
 
1992
Publication
  Author and Speaker, "To Audit or Not to Audit?" Environmental Quality Control, Inc.
 
1991
Publication
  Author and Speaker, "Criminal Application of CERCLA," Indiana Manufacturers Association and Cromer, Eaglesfield & Maher
 

Associations & Memberships

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)


Honors

2016   Listed in Best Lawyers in America®
 
2016   Listed in Best Lawyers in America®
 
2015   Listed in Best Lawyers in America®
 
2013   Listed in Best Lawyers in America®
 
2012   Listed in Best Lawyers in America®
 
1982   Tau Beta Pi
 
1982   Chi Epsilon
 
1979   Alpha Lambda Delta
 
1978   Hoosier Scholarship
 
1978   Burmaster Scholarship
 
1978   Indiana State Scholarship
 

Employment History

1997 - present Of Counsel, Plews Shadley Racher & Braun LLP, Indianapolis
Area: Environmental permitting, regulation and enforcement; administrative adjudication and representation; litigation
 
1990 - 1997 Associate, Cromer Eaglesfield & Maher, Indianapolis
Area: Environmental permitting, regulation and enforcement; administrative adjudication and representation; litigation
 
1989-1990 Associate, Braude and Marguiles, Washington, D.C.
Area: Private and Government Contracts and Construction Law

1982-1987 IBM Corporation, Manassas, Virginia
Area: Environmental Engineering; Managed all air regulatory and pollution control equipment activity; Primary IBM representative in issues involving local, state, and federal officials concerning air regulations and IBM production plans 

Volunteer Activities

Member, Board of Directors, Homeowners Association, 2005 - Present

Member, Board of Directors, Central Indiana Dance Ensemble (CIDE), 2009 - 2011


Client Alerts

August 17, 2016   Twelve PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2015   Thirteen PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2014   Plews Shadley Racher & Braun attorneys named Best Lawyers in America
By Plews Shadley Racher & Braun LLP
 
August 15, 2013   PSRB Attorneys Included in The Best Lawyers in America®
By Plews Shadley Racher & Braun LLP
 
January 27, 2011   EPA Issues Revised NESHAPs for Gasoline Bulk Plants, Pipeline Facilities and Gasoline Dispensing Facilities
By J. Michael Bowman
 
January 27, 2011   EPA Issues Revised NSPS for Steam Generating Units
By J. Michael Bowman
 
December 8, 2010   EPA Issues Guidance for Permitting Greenhouse Gas Emissions Under PSD and Title V
By Daniel P. Cory and Mary Ann Saggese
 
September 16, 2010   US News & World Report Annual Ranking of Best Law Firms: Firm's Environmental and Insurance Practice Areas Ranked Tier 1
By Plews Shadley Racher & Braun LLP
 
November 19, 2009   IDEM Issues New Compliance Enforcement Response Policy
By Mary Ann F. Saggese
 
April 1, 2003   Indiana's Draft 5-Year Hazardous Air Pollutant Strategy Targets Marion, Allen, Elkhart and Lake Counties
By Plews Shadley Racher & Braun LLP
 
 
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