Sarah Bordelon, Counsel Washington, D.C.
sbordelon@crowell.com
Phone: +1 202.624.2514
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Sarah Bordelon is a counsel in Crowell & Moring's Environment & Natural Resources Group. She counsels clients in obtaining environmental permits, litigates environmental and natural resource matters, participates in proposed state and federal rulemakings, advises clients on environmental compliance and enforcement matters, and conducts environmental due diligence on conventional and renewable energy projects. She is experienced in permitting major resource and development projects and defending the permits for those projects when challenged.

Sarah has worked on matters involving a number of environmental statutes, including the National Environmental Policy Act, Clean Air Act, Clean Water Act, Outer Continental Shelf Lands Act, National Historic Preservation Act, Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, and the Federal Land Policy and Management Act.

Representative Matters:

  • Alaska Outer Continental Shelf: provided legal advice in permitting Arctic Alaska exploration projects under the Outer Continental Shelf Lands Act, the Clean Air Act, the Clean Water Act, the Marine Mammal Protection Act, and the Endangered Species Act; successfully defended multiple permit challenges in the U.S. Court of Appeals for the Ninth Circuit, federal district court, and EPA's Environmental Appeals Board. Published cases include:
    • Alaska Wilderness League v. Jewell, 788 F.3d 1212 (9th Cir. 2015) (defended approval of oil spill response plans)
    • Alaska Eskimo Whaling Comm’n v. USEPA, 791 F.3d 1088 (9th Cir. 2015) (defended Beaufort Sea General NPDES permit)
    • Native Village of Point Hope v. Salazar, 680 F.3d 1123 (9th Cir. 2015) (defended Lease Sale 193 over multiple rounds of litigation)
    • Native Village of Point Hope v. Salazar, 680 F.3d 1123 (9th Cir. 2012) (defended exploration plan approvals)
    • REDOIL v. USEPA, 716 F.3d 1155 (9th Cir. 2012) (defended EPA approval of PSD permit for exploration air emissions)
    • Alaska Wilderness League v. USEPA, 727 F.3d 934 (9th Cir. 2013) (defended EPA approval of Title V permit for exploration air emissions)
  • Defended a SMCRA case in which adverse lower court decision was vacated by the Court of Appeals for the Sixth Circuit. M.L. Johnson Family Properties, LLC et al. v. Premier Elkhorn Coal Co., No. 14-5867 (Oct. 31, 2014), and in parallel proceedings before the Interior Board of Land Appeals.
  • Cook Inlet Basin: provided legal advice in permitting several exploration projects on Alaska state lands in the Cook Inlet Basin under the Clean Air Act, the Clean Water Act, the Marine Mammal Protection Act, and the Endangered Species Act.
  • United States v. Brigham Oil & Gas L.P. 840 F. Supp. 2d 1202 (D.N.D. 2012): won dismissal of criminal action under the Migratory Bird Treaty act in a far-reaching decision which rejected strict liability enforcement of the Migratory Bird Treaty Act for oil and gas operations.
  • Represented a coal company before the Department of Interior's Office of Hearings and Appeals; successfully obtained prompt "temporary relief" from a Cessation Order issued by the Office of Surface Mining and ultimate dismissal of the Order.
  • Pennaco Energy Inc. v. U.S. EPA, 692 F. Supp. 2d 1297 (D. Wyo. 2009): represented a group of oil and gas companies in a successful challenge to state water quality standards approved by EPA under the Clean Water Act.

From 2005 to 2008, Sarah worked as an attorney-adviser on the Department of Interior's Board of Land Appeals where she reviewed a variety of appeals from land use decisions made by the Bureau of Land Management, the Minerals Management Service, and the Office of Surface Mining on topics including mining, grazing, oil and gas development, geothermal development, land allotments, and recreational use. After law school, Sarah clerked for the Honorable Procter Hug, Jr., on the U.S. Court of Appeals for the Ninth Circuit.



Affiliations

Admitted to practice: California, District of Columbia, U.S. Court of Appeals for the Ninth Circuit



Highlights, News & Knowledge


Speeches & Presentations

  • “The Endangered Species Act Moves East: The Basic Requirements and New Developments,” Energy & Mineral Law Foundation, Omni Amelia Island Plantation Resort, Amelia Island, FL (June 22, 2015). Presenter: Sarah Bordelon.
  • "Energy & Wildlife: What You Need to Know About Federal Wildlife Law and Enforcement Today," Energy & Mineral Law Foundation, The Greenbrier, White Sulphur Springs, WV (June 2, 2014). Presenters: Ryan M. Lance and Sarah Bordelon.


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Firm News & Announcements

Nov.24.2015 Deal Note: Crowell & Moring Client NRG Yield, Inc. Acquires Wind Assets from NRG Energy, Inc.
Jun.24.2013 Crowell & Moring Recognized by National Law Journal as Washington, D.C. "General Civil Litigation" Department of the Year
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