Background - Practices (Details)

Trade Associations: Representative Engagements

Representative Engagements

ANTITRUST

  • Represented the American Iron and Steel Institute in the In re Steel Products antitrust litigation
  • Represented the Committee of Chief Risk Officers in DOJ antitrust investigation into formation of trade association and standard setting practices, successfully closed investigation.

HEALTH CARE

  • Represented hospital trade association in merger negotiations with another trade association.
  • Establishment of for-profit subsidiary for health care trade association.
  • Litigate Medicare policy issues on behalf of association and its members.
  • Preparation of amicus curiae briefs to the United States Supreme Court in behalf of health care trade association.

TAX

  • Establish tax exempt royalty programs, such as insurance and credit card programs for association members.

AVIATION

  • Conducted annual antitrust developments and compliance training for HAI Board of Directors, Committee Chairs and senior headquarters staff.
  • Conducted top-down staff job analyses and made structuring recommendations to assure maximum efficiency and continued compliance with federal and state wage and hours laws and regulations.
  • Assisted HAI in structuring and administering a Political Action Committee.

ENVIRONMENT & NATURAL RESOURCES

  • Provided the American Forest & Paper Association with counseling and representation in policy litigation under the Endangered Species Act, the Clean Water Act, and other environmental and natural resource laws.
  • Represented agricultural associations such as the National Pork Producers Council (NPPC) and the American Farm Bureau Federation (AFBF) with counseling and administrative advocacy in connection with the environmental regulation of agricultural operations such as concentrated animal feeding operations (CAFOs).
  • Represented the NPPC in litigation over several unfavorable aspects of EPA's 2003 CAFO regulations, resulting in a Second Circuit ruling that EPA lacks authority to require Clean Water Act permitting for "potential" discharges. See Waterkeeper Alliance v. EPA, 399 F.3d 486 (2d Cir. 2005). We currently represent NPPC, AFBF, and several other agricultural organizations in litigation over EPA's latest rulemaking in response to the Waterkeeper decision. See Nat'l Pork Producers Council v. EPA, No. 08-61093 (5th Cir.).
  • Represented the National Association of Home Builders in litigation concerning the validity of EPA's "Phase II" stormwater regulations and later successfully defended EPA's 2003 general permit for construction-related stormwater discharges. See Envt'l Def. Ctr., Inc. v. EPA, 344 F.3d 832 (9th Cir. 2003); Texas Indep. Producers and Royalty Owner Ass'n v. EPA, 410 F.3d 964 (7th Cir. 2005).
  • Provide administrative and legislative advocacy and counseling on Clean Water Act and Endangered Species Act matters for the National Alliance of Forest Owners.