Government Experience

  • Department of Justice: Environment & Natural Resources Division—Assistant Chief, Environmental Defense Section, 2004-2013
  • Department of Justice: Environment & Natural Resources Division—Senior Counsel for Appellate Matters, Environmental Defense Section, 2000-2004
  • Department of Justice: Environment & Natural Resources Division—Trial Attorney, Environmental Defense Section, 1997-2000

Education

  • University of California, Los Angeles, B.A. (1982)
  • Harvard Law School, J.D. (1985)

Admissions

  • District of Columbia

Thomas A. Lorenzen

Partner
tlorenzen@crowell.com
+1.202.624.2789

Environmental and climate-related regulations pose substantial challenges and increasingly present significant competitive opportunities for companies doing business in the United States. With over a decade’s experience at the Department of Justice supervising the legal defense of all Environmental Protection Agency regulations, Tom Lorenzen has a deep understanding of both the federal rulemaking process and the limits of EPA’s regulatory authority. That’s why major U.S. corporations and trade associations turn to Tom to help them shape those regulations before they’re finalized, to challenge or defend them in court when they are issued, and to resolve compliance issues once they are operative.

Tom is a trusted adviser to clients seeking to successfully navigate the federal environmental rulemaking process. With a decade of Justice Department experience as the assistant chief responsible for supervising the legal defense of all EPA regulations and other final agency actions in the federal Courts of Appeals and the Supreme Court, he has a unique ability to help his clients shape environmental policy and provide vital input on proposed federal environmental regulations through written comment and direct interaction with federal environmental regulators, many of whom are his former clients or colleagues.

Tom is also known for his extensive appellate and administrative law experience, which he brings to bear when his clients choose to challenge the EPA’s and other agencies’ regulations in court, and increasingly when they seek to defend regulations that they determine present opportunities for their businesses. Tom has litigated or supervised challenges arising under virtually every federal environmental statute, including the Clean Air Act; Clean Water Act; Safe Drinking Water Act; Comprehensive Environmental Response, Compensation, and Liability Act; Federal Insecticide, Fungicide, and Rodenticide Act; Toxic Substance Control Act; National Environmental Policy Act; and Endangered Species Act.

Tom also helps his clients resolve issues of compliance once those regulations are in place, whether by aiding in the conduct of internal compliance audits, responding to agency requests for information regarding compliance with environmental laws and regulations, or resolving allegations of noncompliance.

Tom is co-chair of Crowell’s Environment and Natural Resources Practice Group and is also a leader of the firm’s Environmental, Social, and Governance working group. He is one of just four U.S. lawyers ranked as Band 1 in Climate Change Law in 2022 by Chambers and Partners. Tom is a frequent lecturer and commentator regarding federal environmental law, climate change regulation, administrative law, federal policymaking, and effective appellate brief writing and arguments.



Affiliations

Professional Activities and Memberships

  • Member, Editorial Board, Trends newsletter, published by the American Bar Association, Section on Environment, Energy, and Resources, 2015-present
  • Co-Chair, American Bar Association, Science & Technology Section, GreenTech and Climate Change Committee, 2017-present
  • Steering Committee Member and Co-Chair, District of Columbia Bar, Administrative Law & Agency Practice Community, 2017-present
  • Chair, Young Lawyers Section, Bar Association of the District of Columbia, 1996-1997
  • Secretary, Bar Association of the District of Columbia, 1997-1999
  • Elected Council Member, Town of Glen Echo, Maryland, 2001-2003


Representative Matters

  • Edison Electric Institute and National Association of Clean Water Agencies – authored Supreme Court amicus brief urging Court to preserve EPA’s authority to regulate greenhouse gases under the Clean Air Act and offering an alternative construction of the “major questions doctrine” that would allow the Court to do so.
  • National Rural Electric Cooperative Association – provided counsel on EPA's new—and existing—source power plant greenhouse gas emission standards; Tom served as one of the coordinating counsel for the overall challenge to the last Administration's Clean Power Plan, helped to obtain an extraordinary Supreme Court stay of the rule in February 2016, and argued a portion of the case before the D.C. Circuit, sitting en banc, on September 27, 2016. He also served as one of the coordinating counsel for industry and state intervenors supporting EPA’s Affordable Clean Energy Rule and was the principal author of one of the briefs that industry and the states filed in support of that rule.
  • Edison Electric Institute – authored 8th Circuit and 10th Circuit amicus briefs challenging EPA’s implementation of the Clean Air Act’s regional haze provisions; provides counsel regarding preservation of the Mercury and Air Toxics Standards (MATS) and general Clean Air Act and administrative law issues.
  • American Fuel & Petrochemical Manufacturers Association – represents AFPM in multiple D.C. Circuit cases regarding EPA’s renewable fuel standards and ozone national ambient air quality standards.
  • The Chemours Company – represented Chemours in D.C. Circuit litigation regarding listing and delisting of substitutes for ozone-depleting substances. In the most recent challenge to the EPA rules, Tom presented the sole oral argument in support of the rule for both industry and the Natural Resources Defense Council after the Trump administration withdrew its support for the rule.
  • Provided counsel to major telecommunications company regarding national emission standards for hazardous air pollutants emitted by reciprocating internal combustion engines.
  • Provided counsel and prepared written comments for multiple trade associations on EPA's new source performance standards for power plant greenhouse gas emissions, EPA's proposed air quality standards for ozone, EPA's appropriate-and-necessary determination for its Mercury and Air Toxics Standards, and its Waters of the United States rule.
  • Provided counsel to automobile manufacturer and others on compliance with motor vehicle emission control regulations.
  • Provides counsel to and drafted comments for a major aircraft manufacturer supporting the issuance of a domestic aircraft GHG emission standard.
  • Prepared comments for trade association on EPA’s proposed CERCLA section 108(b) financial assurance requirements.


Insights


Speeches & Presentations

  • “West Virginia v. EPA: How the Major Questions Doctrine Limits Federal Agencies’ Role in Addressing Climate Change and Other Big Problems,” Institute for Energy Law – 74th Annual Energy Law Conference, Houston, TX. (February 17, 2023). Speaker: Thomas Lorenzen.
  • "ESG Survey: Environmental Performance and the Stakes for Your Business," Crowell & Moring Webinar (December 9, 2021). Speakers: John B. Brew, Christopher A. Cole, Elizabeth B. Dawson, Thomas De Meese, Thomas A. Lorenzen, and Preston L. Pugh.
  • "The Bipartisan Infrastructure Bill: A Summary of the Bill, the Funds, the Flow and the Timeline for New Projects," Crowell & Moring Webinar. (November 18, 2021). Speakers: Bryon R. Brown, Robert A. Burton, Lorraine M. Campos, Rebecca Baden Chaney, Michelle Coleman, W. Scott Douglas, Larry F. Eisenstat, James Flood, David J. Ginsberg, Robert Holleyman, Joshua M, Lindsay, Thomas Lorenzen, Stephen J. McBrady, and Scott Winkelman.
  • "The Charging Stations," Crowell & Moring Webinar (July 1, 2021). Speakers: Thomas Lorenzen, S. Starling Marshall, and Byron Brown.
  • "Everything Electric Vehicles: The Electric Vehicle and the Environment," Crowell & Moring Webinar (May 20, 2021). Presenters: Amanda Berman, Jennifer Giblin, Thomas Lorenzen.
  • "Using All the Tools in the Toolbox: An Early Assessment of Reregulation and the Biden Administration," ABA 50th Spring Conference on Environmental Law (April 27, 2021). Panelist: Thomas A. Lorenzen.
  • "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.
  • "Climate and CAA Regulation Under the Biden Administration," Edison Electric Institute Webinar (December 2, 2020). Speaker: Thomas A. Lorenzen.
  • "Administrative Record 101: A Litigator’s Guide to Understanding, Compiling, and Using an Administrative Record in an Era of Increasing Uncertainty," 2020 ABA Administrative Law Conference (November 19, 2020). Panelist: Thomas A. Lorenzen.
  • "Environmental Law 2020 - The Clean Air Act: Compliance, Enforcement, and Current Trends," American Law Institute Webinar (February 6, 2020). Speaker: Thomas A. Lorenzen.
  • "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.
  • "Beyond the First Year - Regulation in the Trump Era," Crowell & Moring Webinar (February 28, 2018). Co-Presenters: Thomas A. Lorenzen, James G. Flood, W. Scott Douglas, Christine M. Clements, Jodi G. Daniel, Robert Meyers, Michael Boucher, Daniel Cannistra, Jennifer A. Ray, Maarten Stassen, Jenny E. Cieplak, and Matthew B. Welling.
  • "The Clean Air Act: Latest Developments," Environmental Law 2018, Washington, D.C. (February 8, 2018). Presenter: Thomas A. Lorenzen.
  • "EBA Energizer: The Clean Power Plan: What Lies Beyond," Sidley Austin LLP, Washington, D.C. (December 19, 2017). Panelist: Thomas A. Lorenzen.
  • "What Trump Means for Business," Crowell & Moring Webinar (May 24, 2017). Presenters: Angela B. Styles, W. Scott Douglas, Paul M. Rosen, Evan D. Wolff, Thomas A. Lorenzen, Christine M. Clements, Daniel Cannistra, and David B. Blair.
  • "The Clean Power Plan - Where Are We Now?" Energy & Mineral Law Foundation 38th Annual Institute, Williamsburg, VA (May 22, 2017). Presenter: Thomas A. Lorenzen.
  • "The Changes in Federal Regulation and State Programs Affecting Air Pollution Control, Energy Production and Use, and Industrial Activities," 2017 Washington Clear Air Summit, Arlington, VA. (May 3, 2017). Presenter: Thomas A. Lorenzen.
  • "Regulation Here, There and Everywhere," National Association of Manufacturer's 2017 Annual Public Affairs Conference, Las Vegas, NV (March 27, 2017).
  • "Latest Developments Under the Clean Air Act and the Clean Power Plan," ALI - 47th Annual Environmental Law 2017, Washington, D.C. (February 9, 2017). Panelist: Thomas A. Lorenzen.
  • "Clean Power Plan Litigation/Implementation Update," RMML Foundation Conference - Advanced Public Land Law - The Continuing Challenge of Managing for Multiple Use, Santa Fe, NM (January 27, 2017). Presenter: Thomas A. Lorenzen.
  • “Mind Your Step – The Clean Power Plan and the Supreme Court Stay,” Utility Commissioners/Wall Street Dialogue, sponsored by Gee Strategies Group LLC, New York, NY (May 10, 2016). Keynote Address: Thomas A. Lorenzen.
  • “Insider’s Debate: Will the Clean Power Plan Survive?,” Energy Policy Institute at the University of Chicago, Chicago, IL (May 5, 2016). Panelist: Thomas A. Lorenzen.
  • "The Clean Power Plan: Its Chances for Survival and Potential Impacts on U.S. Energy Policy,” Energy Policy Institute of the University of Chicago, University of Chicago Law School, Chicago Booth School of Business, Washington, D.C. (March 21, 2016). Panelist: Thomas A. Lorenzen.
  • “EPA’s Clean Power Plan – What are the Rule’s Legal Vulnerabilities?,” Energy & Mineral Law Foundation, Winter Workshops on Energy Law, Ft. Lauderdale, FL (February 29, 2016). Presenter: Thomas A. Lorenzen.
  • “EPA’s Clean Power Plan – The Legal Outlook,” Montana Legislature, Energy & Telecommunications Interim Committee and Environmental Quality Council, Helena, MT (January 14, 2016). Presenter: Thomas A. Lorenzen.
  • “Judicial Review of EPA’s Clean Power Plan – The Key Legal Issues,” National Conference of State Legislatures, Clean Power Plan Policy Workshop, Washington, D.C. (November 10, 2015). Presenter: Thomas A. Lorenzen.
  • “Basics of Clean Air Law” and “Supreme Court Review: Key Environmental Cases of the Last Two Terms,” American Law Institute and Environmental Law Institute, Annual Seminar on the Clean Air Act: New Directions in Law, Policy, and Practice, Washington, D.C. (October 22, 2015). Presenter and Panelist: Thomas A. Lorenzen.
  • "UBS Access: The Next Round of Ozone - Meshing Old and New EPA Air Regs," UBS Securities Teleconference (October 7, 2015). Presenters: Richard Lehfeldt, Thomas A. Lorenzen, Robert Meyers, and Jared B. Fish.
  • "Overview of Environmental Law," "Key Federal & State Environmental Laws and Their Impact on The Energy Industry," and "Agency Practice," Energy Bar Association Primer: Environmental Law, Atlanta, GA (September 29, 2015). Presenter: Thomas A. Lorenzen.
  • "EPA's Power Plant Carbon Emission Rulemakings," Edison Electric Institute Final Clean Power Plan Webinar (August 5, 2015). Presenter: Thomas A. Lorenzen.
  • “Clean Air Act Update,” American Law Institute Webinar (2015). Panelist: Thomas A. Lorenzen.
  • "Are You Ready for the Clean Power Plan?" National Association of Environmental Professionals and Vermont Law School Webinar (2015). Panelist: Thomas A. Lorenzen.
  • "Exploring the Legality of the Clean Power Plan," Thirty-third National Regulatory Conference, Virginia State Bar Association, Virginia State Bar Administrative Law Section, Marshall-Wythe School of Law at the College of William & Mary (2015). Moderator: Thomas A. Lorenzen.
  • "The Clean Power Plan: How We Got Here, Where We Are Going," Minnesota State Bar Association (2015). Panelist: Thomas A. Lorenzen.
  • "Climate Change Law and Regulations: Planning for a Carbon-Constrained Regulatory Environment," Rocky Mountain Mineral Law Foundation (2015). Presenter: Thomas A. Lorenzen.
  • "Workshop on EPA’s Proposed Clean Power/CAA Section 111(d) Rules," Environmental Law Institute (2014). Panelist: Thomas A. Lorenzen.
  • "Debrief on EPA’s Greenhouse Gas Rulemaking," Environmental Law Institute (2014). Moderator: Thomas A. Lorenzen.
  • "The Greenhouse Gas Supreme Court Cert Argument – A Strategic Preview," American Bar Association, District of Columbia Bar, and Environmental Law Institute (2014). Panelist: Thomas A. Lorenzen.
  • "The Supreme Court Revisits Chevron Deference to Agencies," Environmental Law Institute (2013). Panelist: Thomas A. Lorenzen.
  • "U.S.-China Carbon Reduction Deal," C-SPAN (2014). Interviewee: Thomas A. Lorenzen.
  • "The Future of Standing in Environmental Cases: Trends in the D.C. Circuit and Beyond," Environmental Law Institute (2013). Panelist: Thomas A. Lorenzen.
  • "Climate Change Regulation: Where We Are, and How We Got Here," The Clean Air Act: New Directions in Law, Policy, and Practice, American Law Institute and Environmental Law Institute (2013). Presenter: Thomas A. Lorenzen.
  • "Evolving Greenhouse Gas Regulations and their Challenges in Federal Court," New Directions in Environmental Law: A Climate of Possibility, Yale Law School (2011). Presenter: Thomas A. Lorenzen.
  • "Defending and Enforcing the Government's Clean Air Laws," New Directions in Environmental Law: A Climate of Possibility, Yale Law School (2011). Presenter: Thomas A. Lorenzen.
  • "New Source Review" (2008), "Title V Permitting" (2008-2012), "Climate Change and Greenhouse Gas Litigation" (2008), Clean Air: Law, Policy and Practice, American Law Institute-American Bar Association (2008-2012). Panelist: Thomas A. Lorenzen.


Publications



Client Alerts & Newsletters



Press Coverage



Firm News & Announcements

August 18, 2022 The Best Lawyers in America 2023 Recognizes 54 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year
June 1, 2022 Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S.
December 1, 2021 Companies Are Setting Environmental Goals, But Questions of Measurement Persist, Crowell & Moring Survey Finds
August 19, 2021 The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year
May 20, 2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
May 18, 2021 Crowell & Moring Welcomes Record-Breaking Summer Associate Class
March 15, 2021 Crowell & Moring Establishes Global Environmental, Social, and Governance Advisory Team
August 20, 2020 The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year
July 16, 2020 Crowell & Moring Represents University of California in Suit against Department of Homeland Security over International Student Directive
April 23, 2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
September 20, 2019 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
August 16, 2019 The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year
April 29, 2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
October 15, 2018 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
August 15, 2018 The Best Lawyers in America 2019 Recognizes 38 Crowell & Moring Attorneys
May 9, 2018 Chambers USA 2018 Ranks 52 Crowell & Moring Lawyers and 24 Practice Areas Among Best in U.S.
October 31, 2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
October 31, 2017 The Best Lawyers in America 2018 Recognizes 40 Crowell & Moring Lawyers
May 26, 2017 Chambers USA 2017 Ranks 53 Crowell & Moring Lawyers and 23 Practice Areas Among Best in U.S.
August 18, 2016 The Best Lawyers in America 2017 Recognizes 38 Crowell & Moring Attorneys
June 2, 2016 Two Crowell & Moring Partners Featured Among National Law Journal’s Trailblazers & Pioneers
May 27, 2016 Chambers USA Ranks 56 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
June 16, 2015 Crowell & Moring Expands Environment & Natural Resources Capabilities with Addition of Thomas A. Lorenzen