Select Matters
- EPA Coal Combustion Residuals Litigation: Representing coalition of energy companies and presented oral argument in challenge to EPA rulemaking to expand the scope of regulation of the disposal of coal combustion residuals or “CCR.” (2023. Electric Energy Inc. et al. v. EPA, Nos. 1056, 1035 (D.C. Cir.)).
- Clean Air Act Ozone Plans: Representing energy companies and presented oral argument in challenge to EPA disapproval of Texas ozone transport plan. Successfully obtained judicial stay of EPA disapproval. (2023. State of Texas et al. v EPA, 23-60069 (5th Cir.)).
- Multi-State Energy Company Merger: Represented major competitive energy company in environmental due diligence for all-stock merger that would result in integrated power company with generating assets in 12 states, including in ERCOT, PJM and ISO-NE
- EPA Regional Haze Plan: Representing electric generator in challenges to EPA disapproval of Texas and Oklahoma Clean Air Act plans addressing regional haze and imposition of federal plan in Fifth Circuit and Tenth Circuit. Presented oral argument to Fifth Circuit panel on behalf of industry petitioners to obtain stay of EPA rule. (2016, State of Texas et al. v. EPA, No. 16-60118 (5th Cir.))
- Clean Air Act pollution control projects in Texas: Represented electric generating company in successfully obtaining vacatur and remand of EPA disapproval of Texas Clean Air Act State Implementation Plan revision related to pollution control projects. (2012, Luminant Generation et al. v. U.S. Environmental Protection Agency, No. 10-60891, 675 F.3d 917 (5th Cir.))
- EPA Policy Reversals: Represented major electricity utility and presented oral argument to merits panel to obtain vacatur of Obama administration’s attempt to reverse the EPA’s prior final approval of an Alabama Clean Air Act provision relating to opacity. (2013, Alabama Power Company et al. v. EPA, 711 F.3d 1277 (11th Cir.))
- New Source Review enforcement defense: Representing Texas electric generator in Clean Air Act enforcement action, successfully obtaining dismissal of seven of the government’s nine claims prior to discovery. (2015, EPA v Luminant Generation, No. 3:13-cv-3236 (N.D. Tex.)).
- Sierra Club “Beyond Coal” litigation: Represented electric generating company in Clean Air Act citizen suit alleging opacity and particulate matter violations at coal-fueled power plant, resulting in judgment for company and $6.4 million attorney fee award against Sierra Club (2014, Sierra Club v. Energy Future Holdings et al., No. 6:12-cv-108 (W.D. Tex.))
- EPA Clean Power Plan: Representing major electric generating company in challenges to EPA Clean Power Plan in D.C. Circuit (2015, State of West Virginia, et al. v. EPA, 15-1363 (D.C. Cir.))
- Clean Water Act Citizen Suit: Successfully obtained dismissal of a citizen suit alleging violations of CWA NPDES permit limitations for a coal company. (Jan. 26, 2012, Tennessee Riverkeeper, Inc. v. Hope Coal Co. & National Coal of Alabama, Inc. No. 10-3515 (N.D. Ala.))
- Coal mining citizen suit: Successfully obtained dismissal of claims against coal mining company by environmental group under Clean Water Act and Surface Mining Control and Reclamation Act in U.S. District Court and Court of Appeals. (2013, Black Warrior Riverkeeper v. Black Warrior Minerals Inc., No. 12-15409, 734 F.3d 1297 (11th Cir.))
- Endangered Species Act Listing Challenges: Successfully argued in Court of Appeals on behalf of business coalition for reversal of dismissal of ESA listing challenge. (2003, Alabama-Tombigee Rivers Coalition, No. 02-14423, 338 F.3d 1244 (11th Cir.))
- Migratory fish and the Federal Power Act: Successfully represented electric utility in trial-type hearing under Energy Policy Act of 2005 on fishway prescriptions by U.S. Fish & Wildlife Service and National Marine Fisheries Services, resulting in settlement of fish passage issues. (2007, In re Carolina Power & Light, Yadkin-Pee Dee River Hydroelectric Project, U.S. Coast Guard Docket No. 2007-NMFS-0001)
- Endangered species civil penalty enforcement: Defended municipality in civil penalty proceeding seeking $2 million penalty under ESA for alleged harm to endangered watercress darters, resulting in settlement of $187,500 in the form of donation to local land trust (2012, U.S. Fish & Wildlife Service v. City of Birmingham, No. INV-2008404913 (D.O.I. O.H.A.))
- Freedom of Information Act: Represented municipality in FOIA action successfully resulting in release of withheld documents and payment of attorney fees (2012, City of Birmingham v. U.S. Fish & Wildlife Service, 2:11-cv-00733 (N.D. Ala.))
Publications
News
Credentials
Education
- The University of Alabama School of Law, J.D., 1996, summa cum laude, Order of the Coif, Alabama Law Review, Hugo Black Scholar, M. Leigh Harrison Award
- University of the South, B.S., 1993, summa cum laude, Valedictorian, Phi Beta Kappa
Courts
- U.S. Supreme Court
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, Middle District of Alabama
- U.S. District Court, Northern District of Alabama
- U.S. District Court, Southern District of Alabama
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, Northern District of Texas
- U.S. District Court, District of Columbia
- U.S. District Court, Central District of Illinois
- U.S. District Court, Southern District of Illinois
Bar Admissions
- Alabama, 1996
- Texas, 2011
Professional Affiliations
- Fellow, American College of Environmental Lawyers
Awards & Accolades
- Chambers USA, Environment
- The Best Lawyers in America®, Environmental Law, Litigation – Environmental, 2011 - present
- Lawyer of the Year, Litigation – Environmental, 2016
- Lawyer of the Year, Environmental Law 2021
- Who’s Who Legal Environmental, 2014 - present
- Birmingham Magazine, Top Attorney, 2018
Clerkships
- U.S. Court of Appeals, Eleventh Circuit, Honorable Emmett R. Cox, 1996 - 1997