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Experience
Save Long Beach Island v. U.S. Dep’t of Commerce (D.N.J.)
U.S. District Court for the District of New Jersey
Represent trade association in amicus curiae in case challenging NOAA’s issuance of authorizations under Marine Mammal Protection Act to offshore wind companies with leases in New York Bight. Case dismissed.
National Wildlife Refuge Association v. Rural Utilities Services
National Wildlife Refuge Association v. U.S. Army Corps of Engineers
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Western District of Wisconsin
Represent utility companies who own a proposed high-voltage transmission project that would improve delivery of renewable energy in the Midwest. Plaintiffs asserted challenges to federal agency right-of-way permit and nationwide permit verifications under NEPA, Clean Water Act, Endangered Species Act and National Wildlife Refuge Administration Act. Drafted and argued dispositive briefs in the district court on behalf of clients, prevailing in district court on Clean Water Act and Endangered Species Act claims. Drafted briefs filed in the U.S. Court of Appeals for the Seventh Circuit and argued on behalf of intervenors, obtaining favorable ruling for clients in the Court of Appeals.
Conserve Southwest Utah, et al. v. U.S. Department of the Interior
U.S. District Court for the District of Columbia
Represent state transportation department in litigation brought to challenge federal agency approvals for the Northern Corridor, a highway that will cross federal public lands in Washington County, Utah. Plaintiffs assert claims under the National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act and other statutes (pending).
Center for Biological Diversity v. U.S. Bureau of Land Management
U.S. District Court for the District of Columbia
Represent food and agriculture company in litigation brought to challenge multiple Bureau of Land Management decisions during tenure of political appointee whose appointment is challenged under the U.S. Constitution and Federal Vacancies Reform Act. Approval of plan of operations for client’s phosphate mine is among challenged agency decisions.
Save Long Beach Island v. U.S. Department of the Interior
U.S. District Court for the District of Columbia.
Represent amici nonprofit organizations, including trade association, that promote renewable energy in challenge to BOEM’s offshore wind energy leasing program in the New York Bight. Drafted amicus brief in support of motion to dismiss filed by government, which was granted (pending).
Simmons v. McDonough
U.S. Supreme Court
Amicus curiae brief on behalf of veterans’ organization supporting a petition for certiorari in a case involving denial of benefits under Veterans’ Judicial Review Act.
Center for Biological Diversity v. Bureau of Land Management
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Alaska
Represent Alaska Native regional corporation as intervening defendant in case challenging oil and gas development on the North Slope under NEPA, Federal Lands Policy and Management Act, and Endangered Species Act.
Northern Alaska Environmental Center v. Haaland
Alatna Village Council v. Padgett
U.S. District Court for the District of Alaska
Represent intervenor-defendant mining company in cases challenging permits for a new, State-constructed road in north-central Alaska that will cross federal lands and water bodies. The plaintiffs assert claims under NEPA, Federal Lands Policy and Management Act, Alaska National Interest Lands Conservation Act, the National Historic Preservation Act, and the Clean Water Act (pending).
Wild Virginia v. U.S. Forest Service
Wild Virginia v. Bureau of Land Management
U.S. Court of Appeals for the Fourth Circuit
Represent owner and developer of Mountain Valley Pipeline, an interstate natural gas pipeline, in litigation challenging BLM and U.S. Forest Service permits under NEPA, Mineral Leasing Act, and National Forest Management Act (pending).
White Pine County, Nevada v. BLM*
Center for Biological Diversity v. BLM*
U.S. District Court for the District of Nevada
Represented BLM in challenges to its approval of a groundwater development project and related pipeline system that would pump groundwater in eastern central Nevada and transport it to the Las Vegas area. Plaintiffs alleged violations of NEPA, the Federal Land Policy and Management Act, the National Historic Preservation Act, tribal trust responsibilities, and treaty rights. The defendants prevailed on the NHPA and NEPA claims related to cultural resources briefed by Stacey.
Protect Our Communities Found. v. Black*
U.S. District Court for the Central District of California
Represented BIA in Phase II of the Tule Wind Project. Plaintiffs challenged BIA’s approval of a right-of-way through Indian trust lands to construct turbines on the ridgeline. Argued the government’s summary judgment motion. Federal defendants prevailed on those claims in an opinion affirmed by the Ninth Circuit.
Protect Our Communities Found. v. Jewell*
U.S. District Court for the Central District of California
Community-based organizations challenged the approval of a right-of-way through BLM-managed lands to construct part of the Tule Wind Project, a wind farm consisting of 85 turbines. In the Phase I challenge, involving turbines on BLM-managed lands, the federal agencies prevailed after Stacey briefed and argued the NEPA claims on summary judgment. The case was affirmed on appeal by the Ninth Circuit.
North Dakota v. EPA*
U.S. District Court for the District of North Dakota
Represented the EPA and the U.S. Army Corps of Engineers; handled NEPA claim in the first case challenging the Clean Water Rule. Delivered argument at a preliminary injunction hearing in the District of North Dakota U.S. district court. Drafted or helped draft motions to stay, motions to dismiss, and briefs opposing supplementation in a number of related district court actions. Contributions recognized in a team AAG award.
Agdaagux Tribe of King Cove v. Jewell*
U.S. District Court for the District of Alaska
Represented Department of Interior in challenge to Secretary’s rejection of proposed land exchange that would allow road through wildlife refuge in Alaska, which would connect remote community with an all-weather airport. Plaintiffs included State of Alaska and Native Villages. Obtained dismissal of multiple claims, including breach of trust claim against government, after motions and oral argument, and obtained summary judgment on the NEPA claims.
Chesapeake Action Climate Network v. Export-Import Bank of the United States*
U.S. District Court for the District of Columbia
Represented Export-Import Bank in challenge to approval of loan guarantee to coal export company. Obtained transfer of case from venue where plaintiffs filed (N.D. Cal.), then won summary judgment after briefing cross-motions.
National Parks Conservation Ass’n v. Jewell*
U.S. District Court for the District of Columbia
Represented National Park Service in challenge to approval of permits authorizing utility companies to upgrade power lines under NEPA and Park Service’s Organic Act. Won summary judgment in favor of government after briefing cross-motions.
Black v. LaHood*
U.S. District Court for the District of Columbia
Represented U.D. DOT in challenge to project proposed by District of Columbia Department of Transportation to convert decommissioned road through Rock Creek park into multi-use trail. Case dismissed based on government’s motion.
Heart of America Northwest v. Chu*
U.S. District Court for the Eastern District of Washington
Represented DOE in challenge to a proposal for environmental clean-up and remediation of Hanford Nuclear Reservation site under NEPA and CERCLA. Case dismissed from bench after oral argument on government’s motion.
Earth Island Institute v. U.S. Forest Service*
U.S. District Court for the Eastern District of California
Represented the Forest Service in NEPA and National Forest Management Act challenges to a timber sale and fire restoration project in the Lake Tahoe Basin area. Judgment in government’s favor awarded after oral argument. District court decision upheld on appeal.
Laguna Hermosa v. United States*
U.S. Court of Appeals for the Federal Circuit
Represented Bureau of Reclamation in Fifth Amendment takings claim brought by California corporation that constructed and operated a resort in the Lake Berryessa recreation area in Napa County, California from 1958 until 2008 based on government’s alleged failure to compensate for facilities it built while operating the concession. Motion to dismiss on jurisdictional and failure to state a claim grounds granted; decision affirmed on appeal.
Scherer v. United States*
U.S. District Court for the District of Colorado
Represented Forest Service in challenges to its statutory authority to collect fees at designated recreation areas in Colorado.
Adams v. United States*
U.S. District Court for the District of Arizona
Represented Forest Service in challenges to its statutory authority to collect fees at designated recreation areas in Arizona.
Latin Ams. for Social and Econ. Dev. v. Federal Highways Admin.*
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Michigan
Represented U.S. DOT in challenge by plaintiffs, including the owner of a private bridge, to approval of the Detroit River International Crossing.
Habitat Education Ctr. v. U.S. Forest Serv.*
U.S. District Court for the Eastern District of Wisconsin
Two cases challenged vegetation management projects by Forest Service in the Chequamegon-Nicolet National Forest under NEPA and the National Forest Management Act. Obtained judgment in government’s favor based on motions and oral arguments. As a result of rulings in prior cases, the Forest Service in this district had not been able to approve a major forestry project for several years. Both decisions upheld on appeal. Received Special Commendation for Outstanding Service.
NRDC v. Chu*
U.S. District Court for the District of Columbia
NEPA challenge to relocation of DOE facility in Kansas City for manufacture of non-nuclear parts for nuclear weapons. Judgment in government’s favor awarded from bench after oral argument.
*Prior Experience
