Administrative Law & Regulatory

At the intersection of Crowell & Moring's litigation and regulatory practices is our administrative law practice: lawyers from across the firm's traditional regulatory practice groups who share a deep commitment to due process and the rule of law, and a common interest in preserving them on behalf of the firm's clients, in the modern administrative state. We use our extensive knowledge of federal (and many state) agencies and their processes to achieve our clients' interests, whether through rulemaking proceedings, informal presentations, or litigation in agency adjudicative or enforcement proceedings. And, when engagement with regulators reaches an impasse, an agency takes arbitrary or capricious action, or a private enforcement action or “citizen suit” threatens our clients' interests, our attorneys work creatively to achieve favorable results for our clients in court, before administrative tribunals, and even in the halls of Congress.

Our practitioners know the regulatory programs governing a wide array of industries. We routinely prepare comments on proposed agency rulemakings and appear before the Office of Management and Budget's Office of Information and Regulatory Affairs — the clearinghouse for all executive agency rulemakings in the United States. But we also know that agencies sometimes issue regulations with insufficient regard for what the law requires, both substantively and procedurally. In those situations, judicial remedies exist under statutes such as the Administrative Procedure Act, or constitutional or treaty provisions. Our administrative law litigators draw on their experiences across multiple subject-matter disciplines, and craft strategies to achieve for our clients in court what may not have been achieved through the rulemaking process itself.

Similarly, when agencies order affirmative conduct, demand the cessation of certain activities, or unfairly threaten penalties, our attorneys seek to prevent our clients' businesses from being disrupted: going into federal district and appellate (and state) courts, seeking agency hearings, or working with congressional committees to obtain remedial oversight or legislative relief. Regardless of the forum, the key to our success is the collaborative, creative spirit that brings the broad experiences of our practitioners to bear on behalf of the immediate needs of our clients.

Many of our administrative law attorneys have held high-level positions in the agencies that regulate our clients, adding valuable perspective about what works when trying to influence agency policies. Moreover, Crowell & Moring's regulatory experience extends beyond the United States to Europe, where our Brussels lawyers address the regulatory concerns of our clients conducting business in Europe.

But don't just take our word for it: the results speak for themselves.