Practice Areas - Environmental
- Administrative Law
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- International Law
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| University | Georgetown University (B.S., 1974; M.S., 1978) |
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| Law School | Georgetown University, J.D., 1978 |
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| Admitted | 1978, District of Columbia; 1979, U. S. Court of Appeals for the District of Columbia; 1983, U. S. Supreme Court; 1987, U. S. Court of Appeals 11th Circuit; 1988, U. S. Court of Appeals, 2nd, 6th and 7th Circuits; 2004, U.S. Court of Appeals, 4th Circuit |
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| Languages | French |
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| Born | Ashland, Wisconsin, July 18, 1952 |
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| Biography | Co-Author: Inside the Minds: The Legal Impact of Climate Change, "Environmental Planning and Risk Assessment in a New Administration," published by Aspatore Books, 2010; State Common Law of Public Nuisance in the Modern Administrative State, ABA Section of Environment, Energy, and Resources, Natural Resources & Environment, Spring 2010; Author, Clean Air Act chapter, Environmental Law Handbook (20th ed.), published by Government Institutes, 2009; Co-author, CO2 Control Under Clean Air Act: Headed for a Glorious Mess?, Washington Legal Foundation Legal Opinion Letter, Vol. 18 No. 29, Oct. 23, 2009; Co-author, Another Path to Greenhouse Gas Regulation: Clean Air Act Has Teeth, Executive Counsel, September/ October 2009; Co-author, "Is CO2 regulated under federal law? Implications of Georgia Court ruling," Washington Legal Foundation Legal Opinion Letter, Vol. 18, Sept. 19, 2008; Co-Author: Understanding Carbon Markets, Executive Counsel, September/October 2008; Climate Change Now on Court Dockets, Executive Counsel, September/October 2007; New EPA Enforcement Chief Promises Criminal Prosecutions: Challenge for Corporate Managers, Executive Counsel, September/October 2006; Is the Revision of the PM2.5 NAAQS Requisite to Protect Public Health?, Washington Legal Foundation, Vol. 21 No. 17, May 5, 2006; Author, Clean Air Act Chapter, "Environmental Law Handbook," 18th ed., Government Institutes (September 2005). "Many Companies Now Active on Climate Change," Executive Counsel, Fall 2005; "Unintentional Non-Compliance: New Standards, Higher Stakes," Executive Counsel, Fall 2004; Clean Air Handbook, 3d ed., Government Institutes Inc., 1998; Phi Beta Kappa. Member, Administrative Law, International Law and Energy and Environmental Law Sections, American Bar Association. Member, Administrative Law Section, The District of Columbia Bar. |
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| Reported Cases | North Carolina v. Tennessee Valley Authority, No. 09-1623, 2010 WL 2891572 (4th Cir., July 26, 2010); New Jersey v. EPA, 517 F.3d 574 (D.C. Cir. 2008), cert. denied, Utility Air Regulatory Group v. New Jersey, 129 S. Ct. 1308 (2009); Native Village of Kivalina v. ExxonMobil Corp., No. C 08-1138 SBA, slip op. (N.D. Cal. Sept. 30, 2009); Environmental Defense v. Duke Energy Corp., 549 U.S. 561 (2007); New York v. U.S. Environmental Protection Agency, 413 F.3d 3 (D.C. Cir. 2005); U.S. v. Duke Energy Corp., 411 F.3d 539 (4th Cir. 2005), vacated by Environmental Defense v. Duke Energy Corp., 549 U.S. 561 (2007); Connecticut v. Am. Elec. Power Co., Inc., 406 F. Supp. 2d 265 (S.D.N.Y. 2005), petition for cert. filed, (U.S. Aug. 2, 2010) (No. 10-174); Tennessee Valley Authority v. Whitman, 336 F.3d 1236 (11th Cir. 2003). |
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| ISLN | 908730139 |
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Documents by this lawyer on Martindale.com | |
U.S. District Court Delivers Major New Source Review Victory for Electric Utility Industry in U.S., et al. v. DTE Energy Company and Detroit Edison Company (E.D. Mich.)Mark B. Bierbower,F. William Brownell,Makram Jaber,Harry M. Johnson,Brent A. Rosser,George P. Sibley, December 21, 2011 On August 23, 2011, in U.S., et al. v. DTE Energy Company, et al., C.A. No. 10-13101, the U.S. District Court for the Eastern District of Michigan, in an opinion written by Judge Bernard A. Friedman, held that an electric utility did not violate the Clean Air Act (“CAA”) by undertaking... |
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