Experience
Administrative Litigation and Appeals
Endangered Species Act:
• Represented maritime-sector organization in Endangered Species Act (“ESA”) litigation challenging agency adjudication (D.D.C.).
• Represented State in defending EPA approval of State’s assumption of Clean Water Act Section 404 permitting program against ESA claims (D.D.C.).
• Represented coalition of power, energy, and water utility companies as amici curiae in ESA litigation (D. Mt. & 9th Cir.).
• Litigated challenges to ESA Section 4 listings (9th Cir.).
• Defended renewable energy company’s confidential business and proprietary information in reverse FOIA matter (FERC).
National Environmental Policy Act:
• Represented coalition of national trade associations as amici curiae in National Environmental Policy Act (“NEPA”) cases related to infrastructure developments (D.C. Cir.).
• Represented national trade associations as amici curiae in NEPA litigation challenging general permit for offshore activities (5th Cir.).
• Represented maritime-infrastructure builder in developing litigation defense strategy implicating a State’s environmental policy act.
Clean Water Act:
• Represented State in defending EPA approval of State’s assumption of Section 404 permitting program against CWA claims (D.D.C.).
• Represented electric utility in appeal arising from CWA suit alleging violations of effluent limitations (9th Cir.).
• Represented coalition of power, energy, and water utility companies as amici curiae in challenge to CWA Nationwide Permit 12 (D. Mt. & 9th Cir.).
• Represented national trade associations as amici curiae in CWA litigation challenging general permit for offshore activities (5th Cir.).
• Represented maritime-infrastructure builder in developing litigation strategy for CWA Section 401 dispute.
Clean Air Act:
• Represented coalition of local distribution companies before Washington Supreme Court in challenging Clean Air Act rule.
• Represented power company in permit-challenge proceedings before Montana Board of Environmental Review.
• Represented national trade association as amicus curiae in CAA rulemaking litigation (D.C. Cir.).
• Represented national trade association as amicus curiae in defending agency policy implementing prevention of significant deterioration program under CAA (D.C. Cir.).
• Represented rural electric cooperative in narrow challenge to EPA’s Cross-State Air Pollution Rule (D.C. Cir.).
• Represented power company in regional-haze litigation (5th Cir.).
Other Administrative Litigation:
• Represented coalition of national trade associations as amici curiae before the U.S. Supreme Court during the certiorari and merits stage of administrative law case concerning agency deference.
• Represented maritime business in challenging agency rulemaking under federal wildlife statute (N.D. Cal.).
• Represented national trade association before the International Code Council related to proposed adoption of energy-efficiency standards.
Civil Litigation
Class Actions:
• Defended agricultural manufacturer against class-action claims for trespass, nuisance, and negligence based on alleged air emissions and odor issues (Iowa State Court).
• Defended insurance company against class-action claim for breach of policy (D. Mt.).
Constitutional Law:
• Represent business in challenging state law for violating the Montana Constitution, including provision on fundamental right to a clean and healthful environment (Mt. Dist. Ct.).
• Represented client in civil rights lawsuit implicating First Amendment right to free speech (9th Cir.).
• Represented client in immigration litigation involving due process issue (Immigr. Ct.).
Enforcement Actions
Wildlife Statutes:
• Defended maritime business in enforcement actions brought under the Marine Mammal Protection Act and Magnuson-Stevens Fishery Conservation and Management Act.
• Developed comprehensive defense for construction company in enforcement action under the Migratory Bird Treaty Act (“MBTA”).
• Represented natural resources client in developing defense strategy for threatened citizen suit under ESA Section 9.
Clean Water Act:
• Defended electric utility in appeal arising from CWA citizen suit alleging violations of effluent limitations (9th Cir.).
Regulatory, Permitting, and Strategic Counseling
Regulatory Representation:
• Represent maritime-sector organization throughout NEPA review process, including scoping and development of environmental impact statement.
• Provided legal counseling and regulatory advocacy services to major clean and renewable energy companies in environmental, wildlife, and public lands regulatory actions, including those implicating the ESA, NEPA, CWA, CAA, MBTA, Bald and Golden Eagle Protection Act, and Federal Land Policy Management Act.
• Represented maritime-sector organization throughout ESA Section 7 consultation process resulting in no-jeopardy biological opinion.
• Represented nationl trade association in developing comments on NEPA guidance on climate change.
• Represented maritime-sector organization throughout multiple rulemakings related to operations requirements.
• Developed advocacy strategies for and represented major clean and renewable energy companies in agency meetings addressing regulatory issues.
Permitting Matters:
• Counseled energy company on permitting requirements related to potential acquisition and expansion of linear infrastructure.
• Counseled developer of pumped storage project and other infrastructure on licensing and permitting requirements.
• Analyzed permitting issues and developed responsive strategies for maritime-infrastructure developer.
Strategic Counseling:
• Conducted environmental due diligence related to renewable energy and other infrastructure acquisitions.
• Counseled power company on liability risk from high-court decision addressing the scope of CWA NPDES permitting requirements.
• Developed comprehensive environmental and natural resources regulatory forecast tailored to energy company’s operations to support long-term business planning and strategy.