|
EXPERIENCE
Briefed and argued a case in the Seventh Circuit on the United States' authority to impose civil penalties for routine grading operation in a remote wetland. United States v. Gerke Excavating, Inc., 412 F.3d 804 (7th Cir. 2005), petition for certiorari granted, decision vacated and remanded by 126 S. Ct. 2964 (2006).
Briefed a First Circuit appeal of a Clean Water Act enforcement action against a cranberry farmer accused of filling "waters of the United States " by operating his cranberry bog. United States v. Johnson, 437 F.3d 157 (1st Cir. 2006).
Briefed and argued an appeal of the State of Oregon 's authority to adopt total maximum daily loads (TMDLs) on behalf of an Oregon cattle rancher. Hawes v. State of Oregon, 203 Or.App. 255 (2005).
Authored amicus brief in a Tenth Circuit appeal reversing a district court's decision that federal agents were immune from damages for trespassing on a cattle rancher's property and attempting to extort property from him in exchange for a permit. Robbins v. Wilkie, 433 F.3d 755 (10th Cir. 2006).
Authored an amicus brief in an action establishing that a person who lacks standing to bring claims against auto and seatbelt manufacturers also lacks the ability to represent a class in a class action against those auto and seatbelt manufacturers. Fernandez v. Takata Seat Belts, Inc. 210 Ariz. 138 (2005).
Drafted numerous writ petitions and complaints in actions involving challenges to critical habitat and listing decisions under the Endangered Species Act, challenges to the State Water Resources Control Board's listing of rivers as "impaired" under section 303(d) of the Clean Water Act.
Authored or assisted on several Sixth Circuit cases involving the authority of the United States Army Corps of Engineers to regulate wetlands with minimal connection to navigable bodies of water. United States v. Rapanos, 339 F.3d 447 (6th Cir. 2003) and United States v. Rapanos, 376 F.3d 629 (6th Cir. 2004).
Assisted in the petition for certiorari in Rapanos v. United States, 541 U.S. 972 (2004) and the petition for certiorari and the merits argument in Rapanos v. United States, 126 S. Ct. 2208 (2006).
Briefed and argued a case in the Seventh Circuit on the United States' authority to impose civil penalties for routine grading operation in a remote wetland. United States v. Gerke Excavating, Inc., 412 F.3d 804 (7th Cir. 2005), petition for certiorari granted, decision vacated and remanded by 126 S. Ct. 2964 (2006).
Briefed a First Circuit appeal of a Clean Water Act enforcement action against a cranberry farmer accused of filling "waters of the United States" by operating his cranberry bog. United States v. Johnson, 437 F.3d 157 (1st Cir. 2006).
Briefed and argued an appeal of the State of Oregon's authority to adopt total maximum daily loads (TMDLs) on behalf of an Oregon cattle rancher. Hawes v. State of Oregon, 203 Or.App. 255 (2005).
Authored amicus brief in a Tenth Circuit appeal reversing a district court's decision that federal agents were immune from damages for trespassing on a cattle rancher's property and attempting to extort property from him in exchange for a permit. Robbins v. Wilkie, 433 F.3d 755 (10th Cir. 2006).
Authored an amicus brief in an action establishing that a person who lacks standing to bring claims against auto and seatbelt manufacturers also lacks the ability to represent a class in a class action against those auto and seatbelt manufacturers. Fernandez v. Takata Seat Belts, Inc . 210 Ariz. 138 (2005).
Drafted numerous writ petitions and complaints in actions involving challenges to critical habitat and listing decisions under the Endangered Species Act, challenges to the State Water Resources Control Board's listing of rivers as "impaired" under section 303(d) of the Clean Water Act.
General
Former law clerk to the Honorable Andrew J. Kleinfeld, Circuit Judge.
Former staff attorney for Pacific Legal Foundation. | 