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
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"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.
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"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.
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"Groundwater Indirect Discharges and CWA Regulation: Permitting Requirements in Light of Circuit Court Split," Strafford Webinar
(May 23, 2019).
Presenter: Amanda Shafer Berman.
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"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.
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"Administrative Law: The Year in Review," D.C. Bar
(2018).
Moderator: Amanda Shafer Berman.
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"Climate Change, the Justice Department, and You," Department of Justice, ENRD Academy
(2015 and 2016).
Speaker: Amanda Shafer Berman.
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"Women in International Law," American Society for International Law
(2008).
Panelist: Amanda Shafer Berman.
Publications
Client Alerts & Newsletters
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"COVID and the Courts: State Court Edition,"
(March 30, 2020).
Contacts: Astor Heaven, Mark A. Klapow, Andrew Holmer, Amanda Shafer Berman, Eli Berns-Zieve
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"The High Court Heightens the Bar for Section 1981 Discrimination Claims,"
(March 25, 2020).
Contacts: Laurel Pyke Malson, Amanda Shafer Berman
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"Appeal Without Argument: A Coronavirus Contingency, or the New Normal?,"
(March 24, 2020).
Contacts: Daniel W. Wolff, Amanda Shafer Berman
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"New Executive Action Restricting Entry to the U.S. Creates New Challenges for Educators,"
Regulatory Alert
(February 7, 2020).
Contacts: Laurel Pyke Malson, Amanda Shafer Berman
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"Potential Impact on EPA of Recent Executive Orders Addressing Agency Guidance,"
Environment & Natural Resources Law Alert
(October 17, 2019).
Contacts: Peter Gray, Amanda Shafer Berman, John D. Conner, Jr., Daniel W. Wolff, Leland P. Frost
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"The Month in International Trade – June 2019,"
International Trade Bulletin
(July 10, 2019).
Contacts: Jeffrey L. Snyder, Frances P. Hadfield, Edward Goetz, John B. Brew, Spencer Toubia, Robert Holleyman, Andrew Blasi, Eric Obscherning, Thomas A. Lorenzen, Daniel W. Wolff, Amanda Shafer Berman, John E. McCarthy Jr., Anuj Vohra, G. Meredith Parnell
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"Supreme Court Reaffirms that Deference Is Due to Agency Regulatory Interpretations—Sometimes ,"
Administrative Law Alert
(July 1, 2019).
Contacts: Daniel W. Wolff, Thomas A. Lorenzen, Amanda Shafer Berman
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"EPA Repeals Obama Administration's Power Plant CO2 Regulations and Issues Narrower Replacement Rule,"
Environment & Natural Resources Law Alert
(June 25, 2019).
Contacts: Thomas A. Lorenzen, Robert Meyers, Elizabeth B. Dawson, Amanda Shafer Berman
Media Mentions
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Lawyers See Blunted Impact From Trump's Executive Orders
October 11, 2019 — Bloomberg Environment
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Environmental Lawyers Eye Impacts Of New Trump Executive Orders
October 11, 2019 — Bloomberg Environment
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DC Circ. Tosses Clean Power Plan Challenges
September 17, 2019 — Law360
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Deference Standard Survives, In Limited Form
June 26, 2019 — Greenwire
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Trump Rebuke Of Injunctions Could Mean Headaches For Biz
June 21, 2019 — Law360
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Lawyer On ACE: 'This Administration Is Gambling Big'
June 21, 2019 — Greenwire
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Roberts' 'Swing' Vote Could Determine Future Of Agency Deference Doctrine
April 1, 2019 — InsideEPA
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Crowell & Moring Adds Longtime DOJ Enviro Litigator
February 12, 2019 — Law360
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DOJ Defender Of Clean Power Plan Heads To Firm
February 1, 2019 — Greenwire
Firm News & Announcements