Amanda Shafer Berman is a partner 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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"Biden First 100 Days: A Look at the Laws Impacting the New Administration’s Regulatory Priorities," Crowell & Moring Webinar
(January 22, 2021).
Presenters: Amanda Shafer Berman, Daniel W. Wolff, S. Starling Marshall, and Byron R. Brown.
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"Part 1 - Higher Education and the Biden Administration’s Priorities: Are there significant changes ahead?" Crowell & Moring Webinar
(January 19, 2021).
Presenters: Amanda Shafer Berman, Caroline E. Brown, Astor Heaven, Laurel Pyke Malson, Rebecca L. Springer, Suzanne E. Rode, and Eli Berns-Zieve
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"A New Day in DC: How the Administration May Take Action on Climate, Air, and Water Issues," American Foundry Society
(December 17, 2020).
Speaker: Amanda Shafer Berman.
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"Climate 2021: Preparing for the Legal, Regulatory, Policy and Shareholder Challenges Ahead," Crowell & Moring and Crowell & Moring International Webinar
(December 9, 2020).
Moderator: Ambassador Robert Holleyman; Panelists: David B. Blair, Thomas A. Lorenzen, Amanda Shafer Berman, Himamauli Das, and Joshua Boswell.
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"Northern Plains Resource Council v. U.S. Army Corps and Nationwide Permits," Clean Water Act 2020: Law & Regulation Webcast
(December 4, 2020).
Presenter: Amanda Shafer Berman.
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"Climate and CAA Regulation Under the Biden Administration," Edison Electric Institute Webinar
(December 2, 2020).
Speaker: Amanda Shafer Berman.
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"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.
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"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.
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"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.
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"Post Pandemic Litigation Outlook," ANA Legal Webinar
(July 14, 2020).
Presenters: Thomas P. Gies, Mana Elihu Lombardo, Holly A. Melton, and Amanda Shafer Berman.
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"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.
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"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.
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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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"Biden Day Six – Biden Executive Order - Tackling the Climate Crisis at Home and Abroad,"
Biden First 100 Days Series
(January 27, 2021).
Contacts: Byron R. Brown, Amanda Shafer Berman, Thomas A. Lorenzen
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"Climate Change at the Top of the Agenda: Five Things Financial Analysts Need to Watch in 2021,"
Environment & Natural Resources Law Alert
(December 4, 2020).
Contacts: Himamauli Das, Ryan MacFarlane, Joshua Boswell, Shelley Su, Thomas A. Lorenzen, Amanda Shafer Berman
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"Climate Change Will Be Front and Center in 2021, Regardless of the Nov. 3 Results,"
Environment & Natural Resources Law Alert
(November 2, 2020).
Contacts: Robert Holleyman, Himamauli Das, David B. Blair, Thomas A. Lorenzen, Amanda Shafer Berman, Tyler A. O'Connor
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"Trump Executive Order Barring Race and Sex “Stereotyping and Scapegoating” Poses Special Challenges for Universities and Colleges,"
(October 19, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson, Preston L. Pugh, Rebecca L. Springer
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"COVID & the Courts: The D.D.C. Extends COVID-Related Changes Into the Fall,"
Litigation Alert
(August 12, 2020).
Contacts: Amanda Shafer Berman, Eli Berns-Zieve
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"COVID and the Courts: Reopening Plans,"
Litigation Alert
(June 10, 2020).
Contacts: Mark A. Klapow, Andrew Holmer, Rochelle-Leigh Rosenberg, Eli Berns-Zieve, Amanda Shafer Berman
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"DoE’s New Title IX Regulations: What School Administrators Need to Know,"
Regulatory Alert
(May 13, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson, Aryeh S. Portnoy, Eli Berns-Zieve
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"Five Considerations as You Prepare for the Release of the Final Title IX Regulations,"
(May 4, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson, Aryeh S. Portnoy, Rebecca L. Springer, Eli Berns-Zieve
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"COVID and the Courts: Discovery in the Time of Coronavirus,"
Litigation Alert
(April 14, 2020).
Contacts: Amanda Shafer Berman, Mark A. Klapow, Andrew Holmer, Eli Berns-Zieve
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"COVID and the Courts: Expect Delay,"
Litigation Alert
(April 7, 2020).
Contacts: Amanda Shafer Berman, Mark A. Klapow, Andrew Holmer, Eli Berns-Zieve
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"COVID and the Courts: State Court Edition,"
Litigation Alert
(March 30, 2020).
Contacts: Amanda Shafer Berman, Astor Heaven, Mark A. Klapow, Andrew Holmer, Eli Berns-Zieve
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"The High Court Heightens the Bar for Section 1981 Discrimination Claims,"
Litigation Alert
(March 25, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson
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"Appeal Without Argument: A Coronavirus Contingency, or the New Normal?,"
Litigation Alert
(March 24, 2020).
Contacts: Amanda Shafer Berman, Daniel W. Wolff
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"New Executive Action Restricting Entry to the U.S. Creates New Challenges for Educators,"
Regulatory Alert
(February 7, 2020).
Contacts: Amanda Shafer Berman, Laurel Pyke Malson
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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
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"Supreme Court Reaffirms that Deference Is Due to Agency Regulatory Interpretations—Sometimes,"
Administrative Law Alert
(July 1, 2019).
Contacts: Amanda Shafer Berman, Thomas A. Lorenzen, Daniel W. Wolff
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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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Biden Bolsters DOJ Focus on Environmental Justice, Climate
January 27, 2021 — Bloomberg Law
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US Rejoins Paris Climate Agreement
January 20, 2021 — IHS Markit
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How COVID Could Permanently Alter Litigation For GCs
January 14, 2021 — Law360
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The Daily Docket: December 22, 2020
December 22, 2020 — Reuters
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The Biggest Environmental Law Decisions Of 2020
December 21, 2020 — Law360
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Biden’s Environmental Lawyers Tasked With Bulletproofing Agenda
December 2, 2020 — Bloomberg Law
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Attorneys Expect Enviro Policy Whiplash With Biden Win
November 8, 2020 — Law360
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Trump Re-Election Would Enable Defense, Expansion Of EPA Rollbacks
October 21, 2020 — InsideEPA Climate
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Calif. Bets On Biden With Move To End Gas Car Sales
September 24, 2020 — Law360
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3 Times Ginsburg Led The Way On Environmental Law
September 21, 2020 — Law360
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Superfund Cleanup Deals Could Get Trickier After Federal Memo
September 17, 2020 — Bloomberg Law
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Biggest Enviro Law Cases To Watch In The Rest Of 2020
July 8, 2020 — Law360
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Environmentalists Relieved as Critics Slam ‘Muddled’ SCOTUS Term
June 22, 2020 — Bloomberg Law
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Trade Court Keeps Solar Tariff Expansion Challenge Alive
May 27, 2020 — Law360
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CIT Judge: No 'Real Challenges For Deciding Cases' Virtually Amid Pandemic
May 19, 2020 — Inside U.S. Trade
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High Court's Narrow 'Deference' Standard May Limit EPA Policy Reversals
April 3, 2020 — InsideEPA
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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