Jerry Stouck: Lawyer with Greenberg Traurig, LLP

Jerry Stouck

Washington,  DC  U.S.A.

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AV® Preeminent

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Practice Areas

  • Litigation
  • Appellate
  • Global Energy & Infrastructure
  • Government Contracts & Projects
  • Financial Regulatory and Compliance Group
  • Federal Regulatory and Administrative Law
Contact InfoTelephone: 202.331.3173
Fax: 202.331.3101
University Wesleyan University, B.A., magna cum laude, 1977
Law SchoolNew York University School of Law, J.D., 1980
Admitted1981, District of Columbia; 1983, Maryland; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the District of Columbia; U.S. District Court for the District of Maryland; Supreme Court of the United States; U.S. Court of Federal Claims

Professional & Community Involvement

•Co-Chair, D.C. Lawyers for Children's Hospital Annual Golf Classic
•Member, American Bar Association
•Member, Court of Federal Claims Advisory Council
•Member, Federal Circuit Bar Association Amicus Briefing Committee

BornWashington, D.C., March 24, 1955

Jerry Stouck has a wide-ranging trial and appellate litigation practice. He has particular experience in complex business, regulatory and environmental disputes with government agencies, and is Chair of the firm's Federal Regulatory and Administrative Law practice group.

Jerry represented the lead bank plaintiff in the landmark Winstar litigation involving the government's breach of hundreds of savings and loan merger agreements, and has represented several nuclear utility companies in damages litigation over the government's failure to complete the Yucca Mountain repository for spent nuclear fuel.

Jerry regularly challenges federal agency action under a wide range of regulatory regimes. He also handles environmental and land use litigation, including related contract/commercial disputes, and has extensive experience with eminent domain and Fifth Amendment regulatory takings claims. Jerry appears frequently in the U.S. Court of Federal Claims and Federal Circuit, in the D.C. federal district court and D.C. Circuit, and in other trial and appellate courts across the country.

Areas of Concentration

•Complex business and regulatory litigation
•Environmental, land use and eminent domain/takings litigation

Awards & Recognition

•Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2013-2014
•Team Member, a Law360 Appellate Practice Group of the Year, 2010
•Listed, TheLegal 500 United States, 2009
•Listed, Chambers USA Guide, National - Government Litigation, 2008
•Rated, AV Preeminent 5.0 out of 5

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.


•Law Clerk, Honorable Raymond J. Pettine, United States District Court in Providence, Rhode Island

Articles, Publications, & Lectures

•Quoted, EPA Battles 3-front Legal Assault on Chrome Plating Standards, E&E Publishing, LLC, December 3, 2014
•Quoted, Judge Would Allow Taxing City--Owned Marina, Daily Business Review, May 15, 2014
•Quoted, Fla. Developer Gets Taking Ruling Reversed In Fed. Circ., Law360, January 11, 2013
•Speaker, Special Problems in Litigation Involving Patent Use by the Government and its Contractors, GT Conference on New Developments in IP and Patent Use, East Palo Alto, CA, December 10, 2012
•Author, Bolstering the Presumption of APA Reviewability: The Supreme Court Subjects CWA Compliance Orders, and Potentially Other Agency Actions, to Immediate Judicial Review, American Bar Association Environmental Enforcement and Crimes Committee Newsletter, August 2012
•Author, Right and Wrong Ways To Use Others' Patents, National Defense magazine, June 2008
•Author, The Federal Circuit Reaffirms Its Hostility to Fraud, A Term It Applies Broadly with a New and Completely Revised Opinion in Long Island Savings Bank v. U.S., The Government Contractor, October 24, 2007
•Co-Author, The Forfeiture of Claims Act Today, Briefing Papers, August 1, 2007
•Author, Patent Owners, Take Heed of Zoltek Ruling, IP Law 360, July 30, 2007
•Author, Unfinished Edifice Lex, Legal Times, July 11, 2005
•Author, Asserting Power in Takings: U.S. Contract Cases, The National Law Journal, February 28, 2005

Associated News & Events

Press Releases

01.20.15 Greenberg Traurig Team Focuses on Federal Regulatory and Administrative Law

12.15.14 Greenberg Traurig Hosts Environmental and Energy Post-Election Implications Webinar

12.05.14 Greenberg Traurig's Lorie M. Gleim and Gerardo J. Rodriguez-Albizu Named 'Most Effective Lawyers' by Daily Business Review

11.15.13 Greenberg Traurig Attorney Jerry Stouck to Speak on Litigation Takings Challenges to Land Use and Environmental Regulations

04.29.13 12 Greenberg Traurig Attorneys Listed in 2013 Washington, D.C. Super Lawyers

01.28.10 Greenberg Traurig Named an 'Appellate Group of the Year' by Law360

08.03.09 Greenberg Traurig Attorneys Recognized in The Legal 500 US 2009

07.07.08 More than 120 Greenberg Traurig Attorneys Recognized in 2008 Chambers & Partners USA Guide

06.23.05 Greenberg Traurig Grows Washington, D.C. Litigation Practice By Adding Shareholders Jerry Stouck and Robert Shapiro

Published Articles

10.29.10 Plaintiff's Brief Opposing Defendant's Motion to Stay Proceedings; Request for Oral Argument

10.24.07 The Federal Circuit Reaffirms Its Hostility to Fraud, A Term It Applies Broadly, With a New and Completely Revised Opinion in Long Island Savings Bank v. U.S.

08.01.07 The Forfeiture of Claims Act Today

07.30.07 Patent Owners, Take Heed of Zoltek Ruling

07.11.05 Unfinished Edifice Lex

02.28.05 Asserting power in takings, U.S. contract cases


06.27.13 Supreme Court Decision Limits Ability of Government Agencies to Impose 'Extortionate' Permit Conditions on Landowners

04.04.12 Supreme Court Broadens the Types of Federal Agency Actions That Can Be Challenged in Court

04.03.12 Court Reaffirms Broad Immunity for Patent Infringing Government Contractors - Only Recourse For Patent Holders Is To Sue Government

01.21.11 Challenging a Federal Agency's Decision to 'Insource' Work: The Evolving Landscape

01.01.08 Recent Amendments to Freedom of Information Act Ease Recovery of Both Documents and Attorneys' Fees

06.01.07 Supreme Court Refuses to Review Decision that Exposes Government Contractors to Certain Patent Infringement Claims

Reported CasesSignificant Representations: Obtained $142 million damages award after trial for three nuclear utility companies in New England on breach of contract claim arising from U.S. DOE's failure to remove utilities' spent nuclear fuel to the Yucca Mountain, NV disposal site. Yankee Atomic Electric Co. v. US, 94 Fed. Cl. 678 (2010); see 73 Fed. Cl. 249 (Fed. Cl. 2006). Represents plaintiff in environmental litigation against DOE, EPA, and other government agencies seeking federal remediation of residual radioactive contamination from uranium ore milling in the 1950's for the U.S. nuclear weapons programs. See El Paso Natural Gas Co. v US, 605 F. Supp. 2d 224 (D.D.C. 2009), aff' d, 632 F.3d 1272 (D.C. Cir. 2011), on remand, 847 F. Supp.2d 211 (D.D.C. 2012), aff' d, 750 F.3d 863 (D.C. Cir. 2014). Represents national trade association challenging revised air emission standards for chromium issued by EPA under the Clean Air Act following a risk and technology (RTR) review. National Assoc. for Surface Finishing v. EPA, No. 11-1459 (D.C.Cir.). Won summary judgment for a major West coast financial institution in one of the first Winstar savings and loan contract cases, 26 Cl. Ct. 904 (1992); argued consolidated Winstar appeal to Federal Circuit panel, 994 F.2d 797 (Fed. Cir. 1993), and en banc court, 64 F.3d 1531 (Fed. Cir. 1995); was counsel of record in appeal to U.S. Supreme Court, 518 U.S. 839 (1996), and at subsequent trial on claim for damages exceeding $1 billion, see 43 Fed. Cl. 390 (1999). Also represented 11 other Winstar-related plaintiffs. Represents developer of prominent Florida coastal community in a takings case establishing a key precedent on the parcel-as-a-whole issue. See Lost Tree Village Corp. v. US, 707 F.3d. 1286 (Fed. Cir. 2013), rev' g, 100 Fed. Cl. 412 (2011), on remand, 115 Fed. Cl. 219 (2014), app. pending, No. 14-5093 (Fed. Cir.). Represented plaintiffs in several other spent nuclear fuel cases, including one leading to $89 million award for a major West Coast utility. Pacific Gas and Electric Co. v. US., 92 Fed. Cl.175 (2010), aff' d, 668 F.3d 1346 (Fed. Cir. 2012). Negotiated a settlement of that case, together with a related case seeking additional, subsequent-period damages of $204 million, for payment by U.S. of $266 million in 2012, plus periodic later payments of on-going damages. Represented Town of Palm Beach, Florida, in litigation to establish federal responsibility to remediate beach erosion resulting from a navigation channel constructed and maintained by the U.S. Army Corps of Engineers. Town of Palm Beach, Fla. v. US, No. 09-64 (Fed. Cl.). Settlement achieved in 2013 provides enhanced beach protection and renourishment for the Town. Represents six Medicare equipment providers advancing breach of contract and takings claims arising from Congressional enactment terminating and directing reprocurement of previously awarded contracts. See CardioSom v US, 91 Fed. Cl. 659 (2010), rev'd, 656 F.3d 1322 (Fed. Cir. 2011), on remand, 115 Fed. Cl. 761 (2014) and No. 08-533C, 2014 WL 2937920 (Fed. Cl. Jun. 30, 2014). Following favorable liability decision in lead case, now proceeding to damages discovery and trials. Authored amicus brief cited and followed by the en banc Federal Circuit in a landmark patent infringement case against the U.S. under 28 U.S.C. 1498. See Zoltek Corp. v. US, 67 F.3d 1309 (Fed. Cir. 2012) (en banc). Obtained just compensation award plus attorneys' fees from U.S. for real estate developer after trial in takings case arising from federal denial of a wetlands development permit, Cooley v US, 46 Fed. Cl. 538 (2000); after appeal, see 324 F.3d 1297 (Fed. Cir. 2003), obtained monetary settlement (including attorneys' fees) plus valid permit and right to complete mixed-use commercial development on the 30-acre wetlands site. Represented cigar manufacturer in challenge to methodology for calculating federal tobacco transition payments. See Prime Time Int' l Co. v. Vilsack, 599 F.3d 678 (D.C. Cir. 2010), on remand, 930 F. Supp. 2d 240 (D.D.C. 2013), aff' d, 753 F.3d 1339 (2014). Represented numerous utility companies in challenge to retroactive imposition of a $2.25 billion federal tax, first on contract grounds, Yankee Atomic Elec. Co. v. US, 33 Fed. Cl. 580 (1995), rev'd, 112 F.3d 1569 (Fed. Cir. 1997), then on constitutional grounds, see Commonwealth Edison Co v US, 271 F.3d 1357 (Fed. Cir. 2001). Argued Federal Circuit appeal establishing federal liability to all utilities in the spent nuclear fuel damages litigation. Maine Yankee Atomic Power Co. v US, 225 F.3d 1336 (Fed. Cir. 2000). Challenged a D.C. Circuit DOE administrative action aimed at justifying DOE' s failure to perform spent fuel removal contracts. Northern States Power Co. v DOE, 128 F.3d. 754 (D.C. Cir. 1997).

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Regulatory Documents Can Be Contracts: The Wetlands Mitigation Bank Example
Jerry Stouck, January 23, 2015
For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to be a binding contract that could be enforced against the agency when it tried to alter the terms of the instrument to the detriment of the...

First Litigation Challenge to EPA’s Greenhouse Gas Rule
Jerry Stouck, November 28, 2014
The First Litigation Challenge to EPA’s Greenhouse Gas (GHG) Rule is likely to be decided fairly soon after the December 1, 2014 deadline for comments on the rule. Two separate suits brought by Murray Coal Corp. ask the D.C. Circuit to bar EPA from proceeding with the rulemaking, on the...

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Office Information

Jerry Stouck

2101 L St., N.W., Suite 1000
WashingtonDC 20037


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