Byron R. Brown is a senior counsel in the Washington D.C. office. He is in the firm’s Environment & Natural Resources and Government Affairs groups. Byron has 17 years of executive and legislative branch experience advising on environmental policy, administrative law, and congressional relations. Most recently, Byron served as deputy chief of staff for policy at the U.S. Environmental Protection Agency (EPA), and he previously served in policy and legal roles with the Senate Committee on Environment and Public Works (EPW Committee), the House Committee on Natural Resources and, earlier in his career, in the EPA Office of General Counsel.
During his career, Byron has worked on rulemaking, legislation, and litigation involving all major environment and natural resources laws, including the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act, the Freedom of Information Act, Endangered Species Act, the National Environmental Policy Act, and the Clean Water Act. As EPA’s deputy chief of staff for policy, Byron led EPA’s involvement in the executive branch’s infrastructure initiative and represented EPA on the Federal Permitting Improvement Steering Council, which was established under Title 41 of the Fixing America’s Surface Transportation (FAST) Act of 2015 to streamline the environmental review and permitting process for major infrastructure projects. Byron also served on EPA’s Regulatory Reform Task Force, developed proposals for reforming the Superfund program, and coordinated several rulemakings affecting the electric power, mining, retail, and chemical sectors. He frequently represented the EPA administrator in meetings at the Justice Department on civil litigation and enforcement matters and with industry groups and other stakeholders on regulatory reform proposals.
As senior counsel for the Senate Committee on Environment and Public Works, Byron oversaw all legislative matters involving CERCLA, RCRA, Brownfields reauthorization, mining, waste-to-energy, and recycling. Byron was the lead majority staffer who drafted and negotiated legislation to regulate the disposal of coal combustion residuals by power plants. This legislation was included in the Water Infrastructure Improvements for the Nation (WIIN) Act, which was enacted into law in 2016. Byron also served as the EPW Committee’s lead oversight counsel, responsible for conducting investigations and hearings into the executive branch’s climate change policies, Waters of the U.S. rulemaking, Endangered Species Act, and Gold King Mine blowout, among other matters. Byron also served as senior counsel and director of oversight and investigations for the House Committee on Natural Resources, where he oversaw multiple investigations and hearings into the executive branch’s 2010 offshore drilling moratorium, the ethics program at the Department of the Interior, enforcement of the Migratory Bird Treaty Act, and scientific integrity at the Fish and Wildlife Service. Byron also served as a legislative fellow in the personal office of Sen. Dianne Feinstein, working on legislation to amend the Toxic Substances Control Act, and policy issues involving climate change, energy efficiency, renewable energy financing, and endangered species.
Earlier in his career, Byron served for more than a decade as a career attorney in the EPA Office of General Counsel, including as senior attorney in the Air and Radiation Law Office working on litigation and rulemakings under the Clean Air Act, as assistant general counsel for information law managing litigation, counseling, and administrative claims arising under the Freedom of Information Act, the Federal Records Act, the Privacy Act, and the Trade Secrets Act, and as an associate deputy general counsel with responsibilities overseeing issues involving the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, CERCLA, RCRA, the Endangered Species Act, the National Environmental Policy Act, as well as congressional, inspector general, and Government Accountability Office investigations and oversight.
Affiliations
Admitted to practice: District of Columbia, Massachusetts
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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"Is Congress likely to pass another COVID stimulus bill and what is the latest thinking on what that may mean for companies?" Crowell & Moring Webinar
(December 9, 2020).
Presenters: James G. Flood, S. Starling Marshall, Byron R. Brown, W. Scott Douglas, and Tim Shadyac.
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"Infrastructure In Focus: A Deep Dive Look at Water Infrastructure Opportunities and Risks - Part 2," Crowell & Moring Webinar
(December 7, 2020).
Presenters: David Chung, Evan D. Wolff, Byron R. Brown, and Paul Freeman.
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"Infrastructure In Focus: A Deep Dive Look at Water Infrastructure Opportunities and Risks - Part 1," Crowell & Moring Webinar
(December 2, 2020).
Presenters: Robin Baillie, James G. Flood, Byron R. Brown, Michelle D. Coleman, and W. Scott Douglas.
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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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"Legislation in the Time of the Coronavirus,” 11th Law of Shale Plays Conference
(September 9, 2020).
Presenter: Byron R. Brown.
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Election 2020 and the Implications for Your Business
(September 3, 2020).
Presenters: Byron R. Brown, Robert A. Burton, Jodi G. Daniel, James G. Flood, Thomas P. Gies, Ambassador Robert Holleyman, S. Starling Marshall, and W. Scott Douglas.
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"Managing Environmental Compliance and Exposure to Liability During the Coronavirus Crisis," Crowell & Moring Webinar
(April 8, 2020).
Presenters: David Chung, Peter Gray, Robert Meyers, Kirsten L. Nathanson, Byron R. Brown, and Paul Freeman.
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"EPA’s Renewable Fuel Standard Agenda for 2019," Crowell & Moring Webinar
(March 7, 2019).
Speakers: Paul Freeman, Robert Meyers, Thomas A. Lorenzen, Byron R. Brown, Elizabeth B. Dawson, and Preetha Chakrabarti.
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"Divided Government: What the Democrats’ Control of the House of Representatives Means for Congressional Investigations and Business in 2019," Crowell & Moring Webinar
(January 31, 2019).
Speakers: Kelly T. Currie, James G. Flood, Paul M. Rosen, Byron R. Brown, and Danielle Rowan.
Publications
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"Undoing Trump Rules Using Congressional Review Act Has Pros, Cons," Bloomberg Law
(January 29, 2021).
Author: Byron R. Brown.
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"Congressional Review Act Gets its Quadrennial Time in the Spotlight," ABA Section of Environment, Energy, and Resources Trends, Vol. 52 No. 1
(August 31, 2020).
Author: Byron R. Brown.
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"Partisan Overtones Dominate Senate Confirmation Hearing for CPSC Chair Nominee Dr. Nancy Beck," Crowell & Moring's Retail & Consumer Products Law Observer
(June 17, 2020).
Authors: Matthew Cohen and Byron R. Brown.
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"The CARES Act And Lessons From The Past: What Prior Investigative Responses To Crises Tell Us About The Future," Westlaw
(April 27, 2020).
Authors Rebecca M. Ricigliano, David B. Robbins, Byron R. Brown, and Tiffany Wynn.
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"How Environmental NGOs Are Targeting Plastic Pollution," Law360
(March 2, 2020).
Authors: David Chung, Kirsten L. Nathanson, Byron R. Brown, and Elizabeth B. Dawson.
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"Government Affairs – A Surprisingly Open Door for Legislation," Crowell & Moring's Regulatory Forecast 2020
(February 26, 2020).
Contributors: James G. Flood, Byron R. Brown, and W. Scott Douglas.
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"Pollution Prevention And Rethinking "Waste"" The Environmental Law Reporter
(June,2019).
Author: Byron R. Brown.
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"Government Affairs – Congressional Influence on Rulemaking is on the Rise," Crowell & Moring's Regulatory Forecast 2019
(February 27, 2019).
Contributors: Jim Flood and Byron Brown.
Client Alerts & Newsletters
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"Don't Sleep on The Social Cost of Carbon,"
(February 23, 2021).
Contacts: Peter Gray, Byron R. Brown, Thomas A. Lorenzen, Robert Meyers
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"Group of Senate Republicans Release $618 Billion Counteroffer on COVID-19 Relief,"
(February 1, 2021).
Contacts: Byron R. Brown, W. Scott Douglas, James G. Flood, Tim Shadyac
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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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"Biden Day Three – Additional EOs to Deliver Economic Relief for American Families and Businesses Amid the COVID-19 Crises,"
Administrative Law Alert
(January 22, 2021).
Contacts: James G. Flood, Tim Shadyac, Byron R. Brown, W. Scott Douglas, Stacie Heller, Thomas P. Gies
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"Biden Day Two – Additional EOs to Advance Administration’s National Strategy for the COVID-19 Response and Pandemic Preparedness,"
Administrative Law Alert
(January 21, 2021).
Contacts: James G. Flood, Tim Shadyac, Byron R. Brown, W. Scott Douglas, Stacie Heller, Thomas P. Gies
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"Biden Day One – Update on Executive Orders and Actions,"
Administrative Law Alert
(January 20, 2021).
Contacts: James G. Flood, Thomas P. Gies, Byron R. Brown, W. Scott Douglas, Stacie Heller, Tim Shadyac
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"Transition 2021: Shining a Light on Midnight Rules and the Biden Regulatory Agenda,"
Biden First 100 Days Series
(January 13, 2021).
Contacts: Byron R. Brown, David B. Blair, S. Starling Marshall, Daniel W. Wolff
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"Transition 2021: Top Transportation Policy Issues Facing the Biden Administration,"
Biden First 100 Days Series
(December 21, 2020).
Contacts: Rebecca Baden Chaney, Scott L. Winkelman, Byron R. Brown, Mary-Caitlin Ray
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"New Executive Order Supports Domestic Sources of Critical Minerals,"
Energy Law Alert
(October 2, 2020).
Contacts: R. Timothy McCrum, Byron R. Brown, Elizabeth B. Dawson
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"Election 2020: The DNC and RNC Conventions Present Stark Contrast on Energy and Environmental Agendas,"
Biden First 100 Days Series
(August 28, 2020).
Contacts: Byron R. Brown, Paul Freeman, Tyler A. O'Connor
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"What to Expect at the Republican National Convention,"
Biden First 100 Days Series
(August 24, 2020).
Contacts: James G. Flood, W. Scott Douglas, Byron R. Brown
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"White House Updates Rules for Environmental Reviews of Federal Actions,"
Administrative Law Alert
(July 17, 2020).
Contacts: Byron R. Brown, Daniel W. Wolff, Thomas A. Lorenzen, Elizabeth B. Dawson, David Chung
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"Preparing for COVID Investigation and Enforcement,"
Government Contracts Bullet Points
(May 4, 2020).
Contacts: Rebecca Monck Ricigliano, Byron R. Brown, Tiffany Wynn
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"President Declares Threat to Electric Power Grid a National Emergency,"
Government Contracts Bullet Points
(May 4, 2020).
Contacts: Alan W. H. Gourley, Larry F. Eisenstat, Caroline E. Brown, Robert Holleyman, Deborah A. Carpentier, Byron R. Brown
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"EPA Considers Updating Federal Procurement Guidelines for Recycled Content,"
Environment & Natural Resources Law Alert
(April 16, 2020).
Contacts: Robert A. Burton, Elliott P. Laws, Byron R. Brown, Jennifer A. Giblin
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"EPA Issues Policy On Conditions For Enforcement Discretion During the Coronavirus Crisis,"
(March 27, 2020).
Contacts: David Chung, Warren Lehrenbaum, Thomas A. Lorenzen, Robert Meyers, Kirsten L. Nathanson, Byron R. Brown, Paul Freeman, Jennifer A. Giblin, Peter Gray, Leland P. Frost
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"Agencies, Plaintiffs Target Ethylene Oxide,"
Mass Tort, Product, and Consumer Litigation Alert
(March 19, 2020).
Contacts: Peter C. Condron, Andrew D. Kaplan, Byron R. Brown
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"Citizen Suit Alert: Environmental NGOs Set Their Sights on Plastics,"
Environment & Natural Resources Law Alert
(February 11, 2020).
Contacts: David Chung, Kirsten L. Nathanson, Byron R. Brown, Elizabeth B. Dawson
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"The Congressional Election and What It Means for 2019,"
Regulatory Alert
(November 20, 2018).
Contacts: James G. Flood, Byron R. Brown, W. Scott Douglas, Tim Shadyac
Media Mentions
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US Agencies Push Ahead On Mine Permitting During Trump Lame-Duck Period
December 1, 2020 — S&P Global
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In A Biden Administration, Navigable Waters Rule Is Likely Target
October 7, 2020 — Agri-Pulse
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Trump Veterans Flock To K Street Despite 'Drain The Swamp' Vow
July 8, 2020 — Politico
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Enviro Attorneys Pivot To Clients' Coronavirus Concerns
March 19, 2020 — Law360
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NEPA Overhaul Won't Be 'Overnight Game Changer'
January 10, 2020 — E&E News
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House Flip Could Mean Oversight 'Frenzy' At Enviro Agencies
January 24, 2019 — Law360
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Industry Shakers: Pruitt Aide Talks EPA Staffing Challenges
August 27, 2018 — Bloomberg
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Crowell & Moring Lands Ex-EPA Enviro, Gov't Affairs Pro
August 22, 2018 — Law360
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Former Pruitt Aide At EPA Lands At Crowell & Moring
August 14, 2018 — National Law Journal
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Top EPA Staffer Jumps To D.C. Law Firm
August 14, 2018 — E&E News
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T-Mobile Hires Hogan Lovells To Lobby On Sprint Merger
August 14, 2018 — Politico