Daniel W. Wolff, Partner Washington, D.C.
dwolff@crowell.com
Phone: +1 202.624.2621
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Dan Wolff is a trial and appellate litigator and regulatory problem solver. He is a partner in Crowell & Moring's Washington, D.C. office and chairs the firm's Administrative Law & Regulatory Practice. In that capacity, Dan works with clients across a wide spectrum of regulated industries, chiefly advising on or handling litigation arising under the Administrative Procedure Act or as a result of government enforcement actions or commercial disputes. Dan regularly appears in federal district and appellate courts around the country and before a host of agency tribunals, and counsels clients on their rights and obligations under a number of federal regulatory programs.

In addition to being a skilled litigator, Dan advises clients in responding to government investigations of workplace accidents, fatalities, supervisor liability, whistleblower complaints, and requests for company records. He also speaks and writes frequently on administrative law litigation, and all aspects of workplace safety and health compliance and enforcement defense.

Representative Engagements

  • Representing multiple health insurers in the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit in multi-million dollar claims against the United States arising under the Affordable Care Act.
  • Obtained summary judgment on behalf of a North Dakota mine operator as intervenor-defendant in a lawsuit filed by a non-governmental organization in federal district court in the District of Columbia against the U.S. Forest Service as part of an effort to stop the client’s much-needed gravel mining operation from moving forward. Prior to obtaining summary judgment, successfully defeated a motion for TRO and subsequent motion for preliminary injunction.
  • Represented a government contractor in federal district court in the District of Columbia in a lawsuit and motion for a preliminary injunction filed against the U.S. Department of Veterans Affairs for arbitrarily suspending the contractor from all federal procurement; after a two-day hearing on our request for a preliminary injunction, the court facilitated a mediation leading to a favorable settlement and lifting of the suspension.
  • In a lawsuit recognized by the Financial Times in its report on "U.S. Innovative Lawyers 2013," Dan was part of the ENR litigation team that represented independent oil and gas producers in a successful injunction action against the U.S. Forest Service to block the government's unauthorized ban on oil and gas development in the Allegheny National Forest and in successfully defending that injunction on appeal to the Third Circuit.
  • Represented a group of coal mine operators in a lawsuit filed in federal district court in the District of Columbia against the U.S. Department of Labor for due process violations in the government's handling of ventilation plan approvals and obtained a groundbreaking decision from the court denying the government's motion to dismiss for lack of jurisdiction, ultimately leading to a favorable settlement.
  • Defended a mine operator in federal district court in the Eastern District of Kentucky in the first-ever (and still only) attempt by MSHA to shut down a mine for a pattern of violations, resolving the matter in a favorable settlement without an injunction being issued.
  • Successfully defended a hospital against a claim for breach of a commercial lease agreement filed in federal district court on diversity grounds by implementing a third-party litigation strategy that led almost immediately to the voluntary dismissal of the complaint.
  • Successfully defended a managed care provider from a claim for breach by removing the action to federal court and quickly moving for dismissal, which prompted the plaintiff to voluntarily dismiss his complaint. 
  • Successfully argued on behalf of a health care provider before the District of Columbia Court of Appeals that an administrative law judge (ALJ) with the D.C. Office of Administrative Hearings applied the wrong standard of review in reversing a favorable agency order, resulting in reversal of the ALJ decision.
  • Counseled multiple mining companies in connection with both federal and state investigations into workplace fatalities.
  • Argued appellate matters before the U.S. Courts of Appeals for the D.C., Fourth, Seventh, Tenth, and Eleventh Circuits.

Dan serves on the firm's Public Service Committee and maintains an active pro bono practice in a wide variety of areas, including due process litigation on behalf of special needs students under the Individuals with Disabilities in Education Act, asylum, habeas corpus, landlord-tenant, rights of the disabled under the Americans with Disabilities Act, fair wages, and common law torts. On such matters he has appeared in the federal courts, the U.S. Immigration Court, and the courts of Maryland and the District of Columbia.

Outside of the firm, Dan serves on the steering committee of the D.C. Bar Association’s Administrative Law and Agency Practice Community, is a past president and serves on the Executive Committee and Board of Trustees of the Energy and Mineral Law Foundation (EMLF), is a member of the Rocky Mountain Mineral Law Foundation, and is a member of the ABA and involved in its Sections on Administrative Law & Regulatory Practice, Labor and Employment and its Safety and Health subcommittee, and Environment, Energy and Resources.

Dan graduated from the University of Wisconsin in 1992, where he earned a B.A. from the School of Journalism. He graduated from the University of Dayton School of Law, summa cum laude, in 2001. While in law school, Dan served as an editor on the University of Dayton Law Review and was active with the Environmental Law Society. Immediately following law school, he clerked for two years in the Southern District of Ohio for the Honorable Walter H. Rice.

Dan is licensed to practice in the District of Columbia and Ohio and is also a member of the bars of multiple federal courts, including the U.S. Supreme Court.



Affiliations

Admitted to practice: District of Columbia, Ohio; U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Sixth Circuit, U.S. Court of Appeals for the Seventh Circuit, U.S. Court of Appeals for the Tenth Circuit, U.S. Court of Appeals for the Eleventh Circuit, U.S. Court of Appeals for the D.C. Circuit, U.S. District Court for the District of Colorado, U.S. District Court for the District of Columbia, U.S. District Court for the Northern and Southern Districts of Ohio



Highlights, News & Knowledge


Speeches & Presentations

  • "Energy Law Update," Energy & Mineral Law Foundation 39th Annual Institute, Nashville, TN (June 18, 2018). Presenters: Daniel W. Wolff and Elizabeth B. Dawson.
  • "Can an Intelligible Distinction Between Legislative Rules and Guidance be Articulated?" D.C. Bar Webinar (April 26, 2018). Presenter: Daniel W. Wolff.
  • "Privileges in Internal Investigations, MSHA Investigations, Discovery and the 110 Context," Mine Safety & Health Law Special Institute, Washington, D.C. (March 22, 2018). Presenter: Daniel W. Wolff.
  • "Following the Supreme Court: A New Approach to Judicial Review of Government Agency Decisions?," Crowell & Moring Webinar (July 20, 2017). Panelists: Thomas P. Gies, Glenn D. Grant, David McFarlane, Daniel W. Wolff, and Jillian Ambrose.
  • "Trump’s 'Two-for-One' Executive Order to Reduce Regulation – What Does it Mean for Industry?" Crowell & Moring's First 100 Days Series Webinar (March 2, 2017). Presenters: Daniel W. Wolff and David Chung.
  • "Update on Key Mine Safety Issues," National Stone, Sand & Gravel Association's Legal Symposium, Nashville, TN (March 23, 2016). Speaker: Daniel W. Wolff.
  • "Looking Left and Right of a Major Mine Accident or Fatality: Preparing for Crisis Management Before the Crisis Occurs," IMA-NA Industrial Minerals Technology Workshop, San Diego, CA (March 16, 2016). Speaker: Daniel W. Wolff.
  • "Recent Developments in Mine Safety and Health Law," ABA Occupational Safety and Health Law Committee 2016 Midwinter Meeting, Santa Barbara, CA (March 10, 2016). Speaker: Daniel W. Wolff.
  • Energy & Mineral Law Foundation 36th Annual Institute, Amelia Island, FL (June 21-23, 2015). Program Chair: Daniel W. Wolff.
  • "Got Chemicals? The State of Play on Chemical Security Regulations," Crowell & Moring Webinar (December 17, 2014). Presenters: Warren Lehrenbaum, Daniel W. Wolff, and Evan D. Wolff.
  • "MSHA Respirable Coal Mine Dust Rules," Kentucky Mineral Law Conference, Lexington, Kentucky (October 22-23, 2014). Speakers: Edward M. Green and Daniel W. Wolff.
  • "Regulatory Update," 5th Law of Shale Plays Conference, Pittsburgh, PA (September 4-5, 2014). Panelist: Daniel W. Wolff.
  • "MSHA Inspection/Investigation Authority, Part A: The Scope of MSHA’s Authority Under 103(a) and (h)," EMLF Special Institue on Mine Safety and Health Law Conference, Washington, D.C. (April 22-23, 2014). Program Chair and Moderator: Daniel W. Wolff.
  • "Special Inspection Initiatives and MSHA Documents Request Authority: The Gifts That Keep on Giving and Taking," Colorado Mining Association, 116th National Western Mining Conference & Exhibition, Denver, CO (April 14-17). Speaker: Daniel W. Wolff.
  • "Litigation Forecast Webinar: Environmental Regulation and Litigation Risks 2014," Crowell & Moring Webinar (March 4, 2014). Presenters: Susan M. Mathiascheck, Kevin C. Mayer, Kirsten L. Nathanson, and Daniel W. Wolff.
  • "Energy Litigation Update," Energy & Mineral Law Foundation Winter Workshops on Energy Law, Fort Lauderdale, Fl (February 9-11, 2014). Moderator: Kirsten L. Nathanson; Panelists: Chet M. Thompson and Daniel W. Wolff.
  • "Energy Litigation Update," Energy & Mineral Law Foundation Winter Workshops on Energy Law (February 11, 2013). Panelists: Kirsten L. Nathanson, Chet M. Thompson, Daniel W. Wolff, and Thomas (Tim) C. Means.


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Firm News & Announcements

Sep.07.2018 LITIGATION NOTE: Crowell & Moring Succeeds in First Affordable Care Act Cost Sharing Reduction Case
Oct.31.2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Jan.17.2013 Crowell & Moring Elects Seven New Partners and Promotes Twelve Attorneys to Senior Counsel and Counsel Positions
Apr.01.2004 Crowell & Moring Prevails Before U.S. Supreme Court in Long Running Western Mineral Rights Controversy