Administrative Law

Clark Hill's administrative law attorneys have extensive experience representing clients before numerous federal and state agencies, administrative and appellate courts, and legislative bodies.

At a time in our nation’s history when regulation impacts a disproportionately large degree of economic activity, Clark Hill’s regulatory attorneys offer seasoned, effective assistance to clients facing or seeking to improve or challenge government-mandated action.

Jane Luxton, Leader of the Administrative Law Group, has decades of experience in regulatory matters, and serves as a member of the governing Council of the American Bar Association's Administrative Law and Regulatory Practice Section. Benefitting from a deep bench of attorneys with long regulatory track records, both in and out of government, Clark Hill is well positioned to handle all types of administrative/governmental law matters.

Clark Hill attorneys have demonstrated proficiency in a wide range of administrative/governmental law areas, including environmental, energy, financial institutions, communications, healthcare, occupational safety and health, securities, international trade, education, tax, and government contracting. Their experience includes notice-and-comment rulemaking, rate cases, procurement and bid protests, contract claims, financial assistance (grants, loans, and cooperative agreements), audit and dispute proceedings, specialized proceedings such as the Small Business Regulatory Enforcement Fairness Act, the Freedom of Information Act, Sunshine laws, and all forms of advocacy in the administrative/policy arena, including administrative appeals, contested cases, and court challenges to final agency rules.

Clark Hill's attorneys have served as senior government officials in federal and state agencies, and bring sophisticated understanding of the regulator's perspective, as well as credibility, judgment, and nuanced problem-solving approaches to advocacy efforts on behalf of firm clients. Six Clark Hill attorneys have served at the General Counsel and/or senior trial counsel level in federal and state agencies. Members of the team have longstanding experience in major administrative law rulemakings and associated legal challenges, and many are listed as leading attorneys in the field by the ranking organizations Chambers and Partners, Best Lawyers, and SuperLawyers.

Examples of significant matters include representations:

On behalf of trade associations and Fortune 100 companies in numerous, multi-year U.S. Environmental Protection Agency rulemakings and associated challenges before the D.C. Circuit Court of Appeals and other appellate courts
For numerous clients, advocating on behalf of a wide array of proposed rules, guidance documents, and policies under the full range of statutory authorities authorizing agency regulatory activity
As counsel of record on the briefs and/or on oral argument on rulemaking challenges before all federal circuit courts of appeals and the U.S. Supreme Court
As natural resource damages counsel to the Florida Department of Environmental Protection and the Florida Fish & Wildlife Conservation Commission in the Multi-District Litigation In Re: Oil Spill By the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, On April 20, 2010, MDL No. 2179, in the United States District Court for the Eastern District of Louisiana
As retained administrative law expert on requirements for regulatory license renewal in a high-stakes, controversial energy matter involving a consistency determination under the Coastal Zone Management Act
As regulatory counsel to two industry sectors facing novel financial services industry rulemakings by the Consumer Financial Protection Board
On behalf of an industry-wide trade association in a negotiated energy efficiency rulemaking before the U.S. Department of Energy
Involving service as Special Assistant Attorneys General assigned to the Michigan Department of Environmental Quality, to provide legal and policy advice on the review and development of state environmental and energy statutes and regulations, and assistance in defending state officials in litigation
As counsel for multiple defense contractors before the Defense Contract Audit Agency in disputes involving contract cost allocations
On behalf of numerous clients before the U.S. Government Accountability Office on protests of adverse contract awards
Assisting clients in interpreting Dodd-Frank Act regulatory requirements
Resolving funding disputes on behalf of non-profit organizations and educational institutions with the U.S. Departments of Housing and Urban Development and Education
On behalf of the City of Chicago Procurement Reform Task Force, including the City of Chicago and sister agencies (Chicago Public Schools, Chicago Transit Authority, Public Building Commission, City Colleges, and Chicago Park District) in evaluating each entity's procurement processes, with the objective of creating uniform contract templates across all agencies that implement best practices
Successfully appealing the Nuclear Regulatory Commission's decision to halt licensing of the nuclear waste repository at Yucca Mountain, and obtaining a D.C. Circuit order of mandamus requiring the NRC to proceed with the licensing proceeding
As consultant to a financial services trade association in advocacy before state insurance commissioners on regulations implementing life settlement statutes
On behalf of numerous clients on communications regulatory requirements, including those governing landline and wireless communications, Internet, cable communications, and related facility siting and interconnection issues
For industrial and large institutional clients before federal and state energy regulators, on issues ranging from ratemaking to utility bypass to permitting matters
Involving work while in senior government service, including leading agency-wide or coordinated government-wide legal efforts on behalf of the U.S. Environmental Protection Agency, National Oceanic and Atmospheric Administration, U.S. Army Corps of Engineers, U.S. Departments of Justice, Labor, Energy, and State, Federal Deposit Insurance Corporation, and the State of Illinois
Convincing the IRS to expand its interpretation of the applicability of its open-loop biomass tax incentive for use of tire-derived fuel in electric power generation
Developing a regulatory strategy for addressing the issue of risk of exposure to electromagnetic fields (EMFs) in the permitting of an electric utility line
Obtaining registration or re-registration of a copper-based pesticide used in water treatment plants, in rice fields, ponds, lagoons, and swimming pools and spas, as algae resistant granules used in roofing shingles, among others
Advising a manufacturer of a chemical, the chemical manufacturer’s trade associations, and the trade association representing the product manufacturers that use the chemical, including developing data to submit to the EPA pursuant to the Toxic Substances Control Act to address any regulatory concerns
Advising clients concerning whether certain consumer products present an unreasonable risk and when injuries must be reported
Advising clients on the treated article exception to the U.S. pesticide laws
Advising a client concerning the U.S. regulatory requirements applicable to a proposal to export a used product containing high levels of chromium to Europe for reclamation and re-importing the product with the chromium removed
Assisting a trade association in tracking the listing as carcinogens of several chemicals used in its members’ products
Advising clients concerning TSCA import and export requirements applicable to numerous products
Counseling a number of clients regarding liability pursuant to Section 8(e) of the TSCA for failure to report to EPA a “study” allegedly indicating the chemical presents an unreasonable risk
Advising a trade association concerning the applicability of proposed hazardous and nonhazardous waste definitions to their member production process
Assisting various clients on testing procedures for consumer products and on the use of testing laboratories located outside the U.S., based on federal agency regulations
Advising clients on the requirements of the National Environmental Policy Act (NEPA) and state equivalents, including matters involving novel issues
On behalf of trade associations, companies, and coalitions, advising and advocating on science policy issues
Involving work with economic and technical experts in support of regulatory advocacy efforts
Assisting a trade association in preparing and submitting confidential business data to the National Highway Transportation Safety Act comparing NHTSA and European Union methods of testing tires as part of building the administrative record in a rulemaking
Involving advocacy on behalf of a mining company for changes to the House of Representative’s Ban Asbestos in America bill
Advising a company about its potential regulatory liability resulting from its historical use of perfluorooctanoic acid (PFOA) in the manufacture of a number of products
Assisting clients in interpreting the European Union REACH (Registration, Evaluation, and Authorisation of Chemicals) program and other international regulatory regimes
Involving development of an advocacy strategy for a national trade association to defend its members concerning allegations that a product that members utilize was likely to be regulated or banned
Involving testimony before Congressional Committees on issues relating to environmental regulation and small business impacts of regulation
Advising financial institutions and associations on rulemaking initiatives
In rate-making proceedings and associated legal challenges
On behalf of offshore wind energy companies, commenting on proposed regulations of offshore facilities, obtaining critical changes streamlining the process, and subsequently assisting in obtaining federal permits and approvals for offshore wind power projects
Securing FERC/Corps approvals for private hydropower plants, and license transfers for nuclear power plants and waste facilities from the NRC
As lead negotiator for primary stakeholder in development of Maryland’s Nutrient Trading Policy
Assisting a rural market telecommunications company in self-reporting violations of several environmental statutes pursuant to the United States EPA’s Self Audit and Disclosure Policy.
Involving negotiation of a consent agreement which resulted in EPA’s waiver of approximately $675,000 in civil penalties, with the negotiated civil penalty being less than $10,000
Involving negotiation of amended Resource Conservation and Recovery Act (“RCRA”) hazardous waste permits and/or consent orders with state agencies for addressing trichloroethylene (“TCE”) and other solvent and heavy metal contamination at sites in Mississippi and South Carolina
Involving negotiations of the amount and documentation of financial assurance (e.g., performance bonds and standby trust agreements) for post-closure care at permitted RCRA sites