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Experience
REPRESENTATIVE EXPERIENCE
Lead Multidistrict Litigation counsel to the State of Florida’s Natural Resource Trustees for the recovery of natural resource damage caused by the 2010 Deepwater Horizon oil spill in the Gulf of Mexico resulting in the largest recovery from a single entity in history - $20.8 billion. In Re: Oil Spill By the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, On April 20, 2010, MDL No. 2179, in the United States District Court for the Eastern District of Louisiana.
Obtained the first and only existing unconditional registration of a nanosilver pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Polyguard – NSPW Nanosilver Master Batch, EPA Reg. Number 84610-2, July 2020.
Assisted in the negotiation of a complex multi-party Indian water rights settlement and the Congressional passage of The Bill Williams River Water Rights Settlement Act of 2014.
Coordinated defense of the Administrator of the United States Environmental Protection Agency in litigation arising from the terrorist attacks of 9-11.
Served as legal counsel to the World Trade Center Expert Technical Review Panel convened to determine the characteristics and dispersion area of the plume created by the 9/11 terrorist attack on Lower Manhattan, explore unmet public health needs, and develop recommendations for an appropriate assessment and cleanup.
Coordinated the United States Environmental Protection Agency’s legal advice in the wake of hurricanes Katrina and Rita and participating in the government-wide Hurricane Katrina White House Legal Working Group.
Served as Special Counsel to the Commonwealth of Virginia and the Virginia Department of Environmental Quality in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against the United States Navy.
Served as Special Assistant Attorney General of the State of Michigan to defend high level government officials during the Flint Michigan Water Crises.
Negotiated and drafted a complex agreement for the sale of a chemical company’s environmental liabilities at twenty sites located in nine states, including the transfer of five contaminated properties.
Advised a Chinese mining company on Lobbying Disclosure Act (LDA) and Foreign Agents Registration Act (FARA) compliance.
Advised a Russian petroleum company on Foreign Agents Registration Act (FARA) compliance leading up to the outbreak of war with Ukraine.
Represented an international mining company on federal environmental issues before the United States Environmental Protection Agency, the United States Corps of Engineers, Congress, and the White House, for sixteen years.
Counseled an international steel company on legislative, regulatory and international climate change related developments.
Represented the Casino Association of New Jersey before the New Jersey Governor’s office, the State legislature and numerous State agencies related to the regulation of the gaming and entertainment industry.
Obtained an Interlocutory Injunction and Temporary Restraining Order against Michael Jackson, forcing a favorable settlement on behalf of the client. Casino Association of New Jersey vs. Jackson Communications, Inc., Superior Court of New Jersey, Chancery Division, Atlantic County, January 1994.
Participated in the development of the following Supreme Court cases, related guidance and rulemakings:
· South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95 (2004) – CWA, Water Transfers Between Navigable Water
· Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004) – CERCLA, Cost Recovery/Contribution
· Dennis Bates v. Dow Agrosciences, LLC, 544 U.S. 431 (2005) – FIFRA, Preemption of State Tort Claims
· Rapanos v. United States and Carabell v. United States, Consolidated cases, 547 U.S. 715 (2006) – CWA, Jurisdictional Determinations
· Massachusetts v. EPA, 549 U.S. 497 (2007) – CAA, Authority to Regulate Greenhouse Gases
· United States v. Atlantic Research, Inc., 551 U.S. 128 (2007) – CERCLA, Cost Recovery/Contribution
· Carlota Copper Company v. Friends of Pinto Creek, No. 07-152 (2008) – CWA, Water Quality/Impaired Waters
· Burlington Northern & Santa Fe R.R. v. United States, 129 S.Ct. 1870 (2009) – CERCLA, Divisibility/Joint and Several Liability
· PennEast Pipeline Company, LLC v. New Jersey, 141 S.Ct. 2244 (2021) – 15 U. S. C. §717f(e), Eminent Domain/Condemnation