Gibson, Dunn & Crutcher’s Environmental Litigation & Mass Tort Practice Group has been at the forefront of administrative law for almost two decades. At the inception of regulatory action, our extensive substantive knowledge helps our clients develop sophisticated comments to proposed rulemakings.  The Group also has extensive expertise in post-publication rulemaking challenges.  The firm has handled some of the most important environmental rulemaking challenges at the federal and state levels, including challenges to California cars on the East Coast, Virginia v. EPA, 108 F.3d 1397 (D.C. Cir. 1997); the Redlands Rule (Kootenai Tribe v. Veneman, 142 F.Supp. 2d 1231 (D. Idaho 2001); and the Pulp and Paper Cluster Rule (National Wildlife Foundation v. EPA (237 F.3d 670 (D.C. Cir. 2001)). 

Representative matters include:

• Massachusetts v. EPA:  Represented a coalition of automakers, engine manufacturers and auto dealers before the United States Supreme Court in the seminal case involving EPA’s authority to regulate greenhouse gas emissions from automobiles.
• Cluster Rule Litigation:  Acted as lead counsel in the Cluster Rule litigation on behalf of several companies in the pulp and paper industry in the Ninth Circuit and the D.C. Circuit. We were successful in transferring the case from the Ninth Circuit to the D.C. Circuit over the objections of the environmental petitioners, and were successful in protecting the confidential business information submitted by the industry during development of the Cluster Rules.
• Roadless Rules:  Acted as lead trial counsel for a major wood products company in a regulatory challenge to the Clinton Administration’s 58.5 million-acre Roadless Area Initiative. Successfully secured preliminary injunction in the District Court for the District of Idaho halting Roadless Rules.  Then, defended the injunction before the Ninth Circuit.
• Challenges to State Regulation of Greenhouse Gas Emissions From Motor Vehicles:  Representing automobile manufacturers in multiple challenges to state regulations limiting greenhouse gas emissions from motor vehicles.  Litigation is currently pending the Second and Ninth Circuits, as well as federal District Court in Rhode Island.  These challenges will likely eventually be heard by the Supreme Court. 
• California’s Request For A Waiver of Clean Air Act Preemption For State Regulation of Motor Vehicle GHG Emissions:  Submitted comments to the EPA on behalf of automobile manufacturer in opposition the State of California’s request for a preemption waiver under Section 209(b) of the Clean Air Act for its motor vehicle greenhouse gas regulations.  After the EPA denied the request and the state brought a challenge, Gibson, Dunn successfully moved to intervene and is currently seeking to uphold that determination.
• Local Regulatory Actions:  Represented an oil production facility in negotiating new source review terms and accomplishing a rule change from the South Coast Air Quality Management District for access to PM10 credits for use in permitting new electrical generating facility.
• Local Regulatory Actions:  Represented a major oil company in a successful temporary restraining order proceeding in Santa Barbara County Superior Court to halt the implementation of a proposed rulemaking by the Santa Barbara County APCD.
• Endangered Species Act listing:  Represented a public interest group in a federal suit that successfully forced the listing of the Atlantic Salmon as an endangered species under the Endangered Species Act.
• Endangered Species Act listing:  Represented an agricultural coalition in Endangered Species Act Litigation.  The Center for Biological Diversity sued the Fish and Wildlife Service of the United States Department of Interior to force the listing of the California Tiger Salamander under the federal Endangered Species Act.  Gibson Dunn intervened in this litigation on behalf of a coalition of interests that oppose the listing of this species in the absence of sound science indicating a listing is required.