Amanda Shafer Berman is a partner in the Energy, Environment & Natural Resources, and Litigation groups in the Washington, D.C. office. She co-leads the firm’s Appellate Practice and is vice-chair of the Environment & Natural Resources Group.
Amanda has argued over 25 cases in the federal courts of appeals, covering most circuits. She draws on her extensive appellate and district court experience to achieve successful outcomes for clients in a wide variety of environmental and non-environmental litigation. She regularly litigates climate-related cases and advises clients on climate change issues, including existing and anticipated greenhouse gas emissions regulations and EV issues and opportunities.
Prior to joining the firm in 2019, Amanda served as a senior attorney in the Department of Justice’s Environmental Defense Section. While at DOJ, she briefed and argued seminal environmental matters, including the Obama Administration’s first greenhouse gas regulations for industrial sources as well as the "Clean Power Plan," which Amanda defended in argument before the en banc D.C. Circuit.
Amanda is a five-time recipient of the Assistant Attorney General’s Award for Excellence, and sits on the D.C. Circuit’s Advisory Committee. Early in her career, she briefed appellate cases, conducted investigations, and litigated in many federal courts as an associate at another law firm.
Affiliations
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)
Representative Matters
- Arguing on behalf of an aircraft manufacturer before the D.C. Circuit in litigation addressing the EPA’s first-ever greenhouse gas regulations.
- Challenging and defending, on behalf of an ERISA plan administrator, a series of district court decisions regarding mental health benefits claims before the Tenth Circuit.
- Defense of a municipal water authority client’s expansion of a dam and reservoir in district court and before the 10th Circuit.
- Arguing on behalf of several chemical company clients in defense of EPA pesticide registration decisions before the 9th and D.C. Circuits.
- Successfully defending, in the 5th Circuit, a favorable decision below on behalf of a major beverage company in a trademark suit.
- Barring application of USTR and Presidential actions seeking to apply tariffs to utility-grade solar panels through litigation at the Court of International Trade, and defense of the CIT’s decision in our client’s favor before the Federal Circuit.
- Briefing on behalf of a railroad client in the 4th Circuit in defense of the dismissal of tort and contract claims.
- Successfully arguing before the 4th Circuit on behalf of an asylum-seeker, resulting in a precedential decision addressing several important points of immigration law.
- Representing an Ivy League university in challenges to student disciplinary decisions brought under Title IX in federal district court.
Speeches & Presentations
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"Executive Action to Implement Federal Policy for Public Lands – History, Limitations, and Longevity," Rocky Mountain Mineral Law Foundation’s 67th Annual Institute, Public Lands Section
(July 21, 2021).
Presenter: Amanda Shafer Berman.
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"Everything Electric Vehicles: The Electric Vehicle and the Environment," Crowell & Moring Webinar
(May 20, 2021).
Presenters: Amanda Berman, Jennifer Giblin, Thomas Lorenzen.
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“Regulatory Roulette: The State of Play Under the CAA, CWA, and Other Environmental Statutes,” Institute of Energy Law Annual Conferences
(March 24, 2021).
Presenter: Amanda Shafer Berman.
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“The New Normal of ESG Virtual Conference: Rejoining the Paris Climate Change Agreement and Looking at the Green New Deal-Public Policy and Legal Implications for Corporate Counsel,” American Bar Association - Section of International Law
(February 10, 2021).
Panelist: Amanda Shafer Berman.
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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
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"Court of International Trade Denies Expansion of Bifacial Solar Panel Tariffs," Crowell & Moring’s International Trade Law
(November 17, 2021).
Authors: John B. Brew, Larry F. Eisenstat, Amanda Shafer Berman, Kathryn L. Clune, Robert L. LaFrankie, Jacob Z. Zambrzycki, Frances P. Hadfield, Alex Rosen and Brian McGrath.
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"Biden’s Big Bet On Electric Vehicles: Will Americans Buy In?" Bloomberg Law
(April 12, 2021).
Author: Amanda Shafer Berman.
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"How COVID Is Changing Litigation—Today and Tomorrow," Crowell & Moring's Litigation Forecast 2021
(January 13, 2021).
Contributors: Valerie Goo, Amanda Shafer Berman, and Nathaniel Bualat
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"Administrative Law – The Supreme Court and the President Rein in the ‘Administrative State’" Crowell & Moring's Regulatory Forecast 2020
(February 26, 2020).
Contributor: Amanda Shafer Berman.
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"EPA's New Approach To Power Plant GHG Regulaiton: An "ACE" In The Hole, Or EPA Out-Foxed?" ABA SEER
(September 1, 2019).
Author: Amanda Shafer Berman.
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"Regime Change and Regulatory Resilience," 28 Geo. Envtl. L. Rev. Online 1
(2017).
Author: Amanda Shafer Berman.
Client Alerts & Newsletters
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"Climate Summit Signals Future Directions for U.S. and Global Policy Efforts,"
(April 30, 2021).
Contacts: Amanda Shafer Berman, Robert Holleyman, Thomas A. Lorenzen
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"Biden Day Six – Biden Executive Order - Tackling the Climate Crisis at Home and Abroad,"
Administrative Law Alert
(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: Ryan MacFarlane, 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, 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, Andrew Holmer, Mark A. Klapow, Eli Berns-Zieve
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"COVID and the Courts: Expect Delay,"
Litigation Alert
(April 7, 2020).
Contacts: Amanda Shafer Berman, Andrew Holmer, Mark A. Klapow, 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, Andrew Holmer, Mark A. Klapow, 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, Daniel W. Wolff
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"The Month in International Trade – June 2019,"
International Trade Bulletin
(July 10, 2019).
Contacts: Jeffrey L. Snyder, Edward Goetz, John B. Brew, Robert Holleyman, Andrew Blasi, Eric Obscherning, Jason M. Crawford, 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
Press Coverage
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The EPA Has More Options To Rein In Climate Change Than You Think
July 14, 2022 — High Country News
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U.S. Supreme Court Limits Federal Power To Curb Carbon Emissions
June 30, 2022 — Reuters
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High Court To Zero In On EPA Authority In Clean Air Act Fight
February 25, 2022 — Law360
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A Turning Point In The Transition To EVs? Tougher EPA Rules May Be The Catalyst
January 31, 2022 — Automotive News
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Can EVs Proliferate With Or Without Build Back Better Act?
January 29, 2022 — Automotive News
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Top Transportation Rulings Of 2021
December 22, 2021 — Law360
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CIT Strikes Down Expansion Of Solar Safeguard Tariffs
November 16, 2021 — Law360
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How Will EPA Answer California?
May 31, 2021 — Automotive News
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Biden’s First 100 Days: Initial Steps on EVs, Climate Agenda Taken—And A New Crisis
April 26, 2021 — Automotive News
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4th Circ. Revives Asylum Case Over 'Discounted' Evidence
March 5, 2021 — Law360
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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
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Top Transportation Rulings of 2021
— Law360
Firm News & Announcements