Fisheries, Natural Resources, and Environmental Litigation
Won a lawsuit against the Department of Commerce on behalf of commercial fishing industry plaintiffs who challenged a reallocation of fishing quota. A.P. Bell Fish Co., Inc. v. Raimondo, 94 F.4th 60 (D.C. Cir. 2024).
Represented fishing industry trade associations in filing amici briefs in challenges to the constitutionality of appointments to the regional fishery management councils established by the Magnuson-Stevens Fishery Conservation and Management Act. Lofstad v. Raimondo, 2024 WL 4295349 (3rd Cir. 2024); Arnesen v. Raimondo, 2024 WL 3912178 (5th Cir. 2024).
Represented an electric power generator in challenging conditions of a permit issued by EPA under the Safe Drinking Water Act.
Defended multiple clients against citizen suits under the Clean Water Act.
Represented a major corporation against claims for contribution of Superfund response costs.
Represented a coalition of fishing vessel operators and environmental groups in filing an amicus brief before the Fifth Circuit in support of electronic catch reporting. Mexican Gulf Fishing Co. v. U.S. Dep’t of Commerce, 60 F.4th 956 (5th Cir. 2023).
Won lawsuit against the Commerce Department and overturned a reallocation of fishing quota that harmed the commercial fishing sector in the Gulf of Mexico. Guindon v. Pritzker, 240 F. Supp. 3d 181 (D.D.C. 2017).
Intervened in litigation on behalf of Bering Sea crab harvesters and defeated challenge to a regulatory program expected to save the harvesters US$50 million per year in lost revenues due to unfair competition from illegally harvested crab. Alfa Int’l Seafood, Inc. v. Ross, 264 F. Supp. 3d 23 (D.D.C. 2017).
Represented groundfish harvesters and processors who intervened in a legal challenge to Pacific whiting catch allocations and defeated challenge to the allocation formula. Pacific Dawn, LLC v. Pritzker, 831 F.3d 1166 (9th Cir. 2016).
Won lawsuit against the Commerce Department on behalf of commercial fish harvesters, showing that the government violated numerous provisions of the Magnuson-Stevens Act by failing to hold the recreational fishing sector to its catch limits. Guindon v. Pritzker, 31 F. Supp. 3d 169 (D.D.C. 2014).
Represented a coalition of fishing industry and environmental interests who intervened in a challenge to individual fishing quota (IFQ) and cooperative programs for the Pacific groundfish trawl fleet and succeeded in upholding the program. Pacific Coast Federation of Fishermen’s Associations v. Locke, 693 F.3d 1094 (9th Cir. 2012).
Represented fishing industry and environmental interests who intervened in a challenge to an IFQ program for grouper and tilefish in the Gulf of Mexico and succeeded in upholding the program. Coastal Conservation Association v. Blank, 2011 WL 4530544 (M.D. Fla. Sept. 29, 2011).
Successfully defended a fishing company against a US$4.4 million civil penalty action brought by the US Department of Commerce for allegedly exceeding crab processing restrictions.
Representative Antitrust/Competition Litigation and Related Work
Successfully represented Asia-based company in securing pre-merger clearance from the Antitrust Division of the Department of Justice for US$100 million acquisition of US-based company.
Represented a US-based air carrier in a successful challenge to operations by a non-US helicopter services company, showing that that company was operating unlawfully in the United States.
Obtained dismissal with prejudice of antitrust claims asserted against a global product manufacturer and distributor. U.S. Ring Binder, L.P. v. World Wide Stationery Manufacturing Co., Ltd., 804 F. Supp. 2d 588 (N.D. Ohio 2011).
Defended a ski resort against antitrust claims involving its provision of housing units and resort services. Smugglers Notch Homeowners’ Ass’n, Inc. v. Smugglers’ Notch Mgmt. Co., Ltd., 414 F. App’x 372 (2d Cir. 2011).
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