Lynn Phan

Associate | She/Her/Hers

Overview

Lynn T. Phan litigates and counsels clients on complex issues arising under the range of federal environmental statutes. In addition to helping clients navigate the administrative rulemaking process, her practice includes advising clients on complex compliance issues, defending against enforcement actions, and litigating agency rulemakings.

Lynn has experience litigating and counseling clients on challenges arising under the Administrative Procedure Act and numerous major federal environmental statutes, including the Clean Air Act, Clean Water Act, Comprehensive Environmental Response Compensation and Liability Act, National Environmental Policy Act, Federal Insecticide Fungicide and Rodenticide Act, Toxic Substances Chemical Act, and the Endangered Species Act.

Prior to joining Crowell & Moring, Lynn was a judicial extern for the Hon. Vanessa D. Gilmore and the Hon. Dena H. Palermo of the U.S. District Court for the Southern District of Texas. While in law school, Lynn was an executive editor of the Georgetown Environmental Law Review, a member of the Law Center’s Moot Court team, and a student attorney for the Environmental Law and Justice Clinic.

Career & Education

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    • U.S. Senate
      Law Clerk to Senator Dianne Feinstein (D-CA), Senate Judiciary Committee, 2019
    • U.S. Senate
      Law Clerk to Senator Dianne Feinstein (D-CA), Senate Judiciary Committee, 2019
    • University of Texas at Austin, B.A., with high honors, 2016
    • Georgetown University Law Center, J.D., cum laude, 2020
    • University of Texas at Austin, B.A., with high honors, 2016
    • Georgetown University Law Center, J.D., cum laude, 2020
    • District of Columbia
    • U.S. Court of Appeals for the Ninth Circuit
    • District of Columbia
    • U.S. Court of Appeals for the Ninth Circuit

Lynn's Insights

Client Alert | 3 min read | 01.26.23

Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023

As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime....

Representative Matters

  • Representing a large agricultural producer in EPA and DOJ enforcement actions arising under the CWA and CAA.
  • Representing crop protection companies and national trade associations in litigation challenging pesticide registrations under FIFRA and the ESA in federal district and appellate courts.
  • Serving as environmental counsel to several companies across multiple CERCLA sites, including in allocation mediation proceedings and settlement negotiations.
  • Representing national trade associations in litigation challenging EPA rulemaking under TSCA.
  • Resolving claims by the DOE’s Office of Enforcement against manufacturing clients alleging violations of energy conservation standards under the Energy Policy Conservation Act. 
  • Preparing amicus briefs for the Supreme Court on behalf of trade associations regarding EPA’s authority to regulate greenhouse gases under the CAA.

Lynn's Insights

Client Alert | 3 min read | 01.26.23

Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023

As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime....

Lynn's Insights

Client Alert | 3 min read | 01.26.23

Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023

As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime....