Photograph of Amanda Shafer Berman

Government Experience

  • Department of Justice: Environment & Natural Resources Division—Senior Attorney, Environmental Defense Section (2009-2019)

Education

  • Johns Hopkins University, B.A. (2001) cum laude, Phi Beta Kappa
  • Georgetown University Law Center, J.D. (2004) cum laude

Admissions

  • District of Columbia
  • New York

Administrative Law – The Supreme Court and the President Rein In the 'Administrative State'


Click to read this article from
Crowell & Moring's Regulatory Forecast 2020.
Regulatory Forecast 2020

Amanda Shafer Berman

Counsel
Washington, D.C.
aberman@crowell.com
Phone: +1 202.688.3451
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Amanda Shafer Berman is a counsel in the Environment & Natural Resources and Litigation groups in the Washington, D.C. office. Amanda draws on her extensive appellate and district court experience to achieve the best possible outcome for clients in a wide variety of litigation, including cases arising under environmental statutes.

Prior to joining the firm in 2019, Amanda served as a senior attorney in the Department of Justice’s Environmental Defense Section. She briefed and argued over a dozen cases in the federal courts of appeals, winning all matters in which a decision was rendered.  These included seminal environmental cases such as Coalition for Responsible Regulation v. EPA (addressing EPA’s first greenhouse gas regulations, upheld in large part by the Supreme Court in Utility Air Regulatory Group v. EPA); White Stallion Energy Center v. EPA (addressing power plant emissions of mercury and other air toxics); and West Virginia v. EPA (defending EPA’s Clean Power Plan at the proposal and final stages). Amanda assisted the solicitor general’s office in defending the D.C. Circuit’s favorable decisions in several of her cases.  

Amanda was also lead counsel for the government in dozens of district court matters arising under the Clean Air Act, the Clean Water Act, CERCLA, and other statutes. She achieved successful outcomes for federal clients, including the Department of Defense and EPA through motions practice, trial, and settlement negotiations, setting internal records and making new precedent in several instances. 

Amanda is a five-time recipient of the Assistant Attorney General’s Award for Excellence and was awarded EPA Gold and Bronze medals for her work on climate change and air toxics litigation.


Affiliations

Admitted to practice: District of Columbia, New York, U.S. Supreme Court; U.S. Courts of Appeals for the Third Circuit, Fifth Circuit, Seventh Circuit, and Ninth Circuit

Professional Activities and Memberships

  • Appointed to the D.C. Circuit’s Advisory Committee on Procedures (2017-2020 term)
  • Adjunct Professor at Howard University School of Law (2007-2013)

Speeches & Presentations

  • "Election 2020: Environmental Law and Policy," Crowell & Moring Webinar (October 28, 2020). Presenters: David Chung, Robert Meyers, Byron R. Brown, Paul Freeman, Amanda Shafer Berman, Elizabeth B. Dawson, and Amy Symonds.
  • "Two Roads Diverging: A Look at Federal Air and Climate Regulation in 2021," 29th Annual 2020 Environmental Law Conference at Yosemite (October 16, 2020). Speaker: Amanda Shafer Berman.
  • "Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund," Strafford Publications, Inc. Webinar (July 29, 2020). Presenter: Amanda Shafer Berman.
  • "Post Pandemic Litigation Outlook," ANA Legal Webinar (July 14, 2020). Presenters: Thomas P. Gies, Mana Elihu Lombardo, Holly A. Melton, and Amanda Shafer Berman.
  • "COVID and The Courts," Crowell & Moring Webinar (June 11, 2020). Presenters: Mark A. Klapow, Amanda Shafer Berman, Andrew Holmer, Rochelle-Leigh Rosenberg, and Eli Berns-Zieve.
  • "Foreign Gifts and Contracts Reporting: Increased Compliance Risk for Higher Education," Crowell & Moring Webinar (April 9, 2020). Presenters: Laurel Pyke Malson, Amanda Shafer Berman, Nathiya Nagendra, and Eli Berns-Zieve.
  • "Endless Litigation—Past, Present, and Future—Over EPA’s "WOTUS" (Waters of the United States)," Edison Electric Institute, Washington, D.C. (March 11, 2020). Speaker: Amanda Shafer Berman.
  • "End of the Road? Examining the Trump Administration v. California over Vehicle Emission Standards," D.C. Bar, Washington, D.C. (February 25, 2020). Speaker: Amanda Shafer Berman.
  • "Groundwater Indirect Discharges and CWA Regulation: Permitting Requirements in Light of Circuit Court Split," Strafford Webinar (May 23, 2019). Presenter: Amanda Shafer Berman.
  • "Kisor v. Wilkie: The End of Auer Deference? Oral Argument Recap and Discussion of What's to Come," D.C. Bar, Washington, D.C. (March 28, 2019). Presenter: Amanda Shafer Berman.
  • "Administrative Law: The Year in Review," D.C. Bar (2018). Moderator: Amanda Shafer Berman.
  • "Climate Change, the Justice Department, and You," Department of Justice, ENRD Academy (2015 and 2016). Speaker: Amanda Shafer Berman.
  • "Women in International Law," American Society for International Law (2008). Panelist: Amanda Shafer Berman.

Publications


Client Alerts & Newsletters


Media Mentions


Firm News & Announcements

Jan.22.2020 Crowell & Moring Files U.S. Supreme Court Brief on Behalf of the American Bar Association Calling for Review of When the Wrongfully Convicted Can Seek Damages
Dec.06.2019 Preliminary Injunction Granted Against U.S. Government in Solar Energy Tariff Case