Practice Expertise

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Areas of Practice

  • Endangered Species Act
  • Energy
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and ...
  • Environmental Release and Incident Response
  • Extractive Industries: Mining & Mineral ...
  • Land Use
  • National Environmental Policy Act
  • Native American Trust Lands
  • Natural Resources
  • Pipeline
  • Public Lands
  • Water
  • View More

Profile

Andrew has significant experience in the natural resources space, focusing on wetlands, endangered species and the marine environment. He has been influential in shaping jurisprudence at the intersection of environmental, energy and marine resource laws to the benefit of regulated industry and the environment.

Andrew works with clients when their activities involve wetlands, endangered species, federal lands, and waterfront and offshore resources. He has extensive experience navigating the complex natural resource and marine resource regulatory framework, drawing the connections to offer clients efficient strategies to tackle some of their most pressing environmental problems.

Andrew brings insightful and practical advice to complex permitting matters, litigation under state and federal acts and statutes, as well as in coordination with regulatory agencies on behalf of clients, including with the US Environmental Protection Agency, US Fish and Wildlife Service, US Army Corps of Engineers, National Marine Fisheries Service, and various state regulatory bodies across the country. Andrew’s practice covers a diverse range of natural resource and other environmental, marine resource and land use issues critical to the operations of his clients and he is often called upon to provide key strategic advice on external communications and media relations, representation before agency and department leadership and counsel, and crucial business strategy decisions.

Andrew offers proactive counseling to clients on matters involving the Clean Water Act (CWA) and CWA Section 404, National Environmental Policy Act (NEPA), and Endangered Species Act (ESA), including Section 7. He is also valued for his reservoir of knowledge of the Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (BGEPA) and National Historic Preservation Act (NHPA) compliance. Andrew’s experience includes administrative rulemaking, permit administration, civil and criminal litigation, and federal regulatory agency practice. He regularly assists energy and water providers, state and local agencies, builders and developers, consumer product companies, offshore project proponents, vessel owners and operators and related trade associations.

Prior to joining the firm, Andrew served in the US Coast Guard Office of Maritime & International Law as Senior Counsel for Oceans and Environmental Affairs, and subsequently as the Coast Guard Chief of General Law. He also served in the National Oceanic & Atmospheric Administration Office of General Counsel, focusing on Endangered Species Act and Marine Mammal Protection Act (MMPA) regulation and litigation, and in the US Air Force as an active duty and later a Reserve Judge Advocate.

Andrew is admitted to practice before the US Supreme Court, the District of Columbia Court of Appeals, the Pennsylvania Supreme Court, the United States District Court for the District of Columbia, and the US Courts of Appeals for the Eighth, Tenth, Eleventh, and District of Columbia Circuits.

Relevant Experience

  • Co-lead counsel for mining company in litigation over Clean Water Act permit, developing key arguments that led to ruling on company’s favor by the US District Court for the Middle District of Florida, and a decision affirming that rule by the US Court of Appeals for the Eleventh Circuit.
  • Lead counsel for Florida land-owning companies in litigation over designation of critical habitat for the Florida panther, developing and presenting the arguments that led to successful dismissal of the suit by US District Court for Middle District of Florida, and a decision affirming dismissal by US Court of Appeals for the Eleventh Circuit.
  • Represented major global food products company in successful renewal of a federal permit and environmental and land use issues related to the collection and transport of spring water, and associated litigation.
  • Assisted in representation of utility industry before the Supreme Court in critical CWA litigation associated with the scope of federally regulated "waters of the United States."
  • Advises on CWA Section 404 Permitting and related ESA and NEPA issues for residential and commercial development projects.
  • Advised on response to grand jury subpoena and internal investigation associated with CWA compliance. Represents energy and utility industry, waterfront facilities, vessel interests, developers, and state and local agencies in regulatory matters and litigation under the CWA, ESA, NEPA, MMPA, and other environmental, maritime and security laws
  • Regularly assists applicants in obtaining and defending federal permits issued under the CWA, ESA and other statutes.
  • Counsels clients on compliance with environmental, maritime and security laws.
  • Significant experience with federal environmental and maritime regulatory agencies, military departments and Department of Justice.
  • Notable civil and criminal litigation experience.

Education
BBA, Florida Atlantic University, 1988

Areas of Practice

  • Endangered Species Act
  • Energy
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and Defense
  • Environmental Release and Incident Response
  • Extractive Industries: Mining & Mineral Processing, Oil & Gas
  • Land Use
  • National Environmental Policy Act
  • Native American Trust Lands
  • Natural Resources
  • Pipeline
  • Public Lands
  • Water

Professional Career



Articles

  • Mens Rea in Environmental Crime Prosecutions, 23 COLUM. J. ENVTL. L. 217
  • LNG Imports: A Holistic Approach to Navigating the Intersection of Energy, Security and Environmental Law, ABA Homeland Security and National Defense Newsletter, Vol. 1, No. 4
  • Jencks Act Application to Attorney Notes, The Reporter, Vol. 32, p.16
  • How “Extraordinary” Is Injunctive Relief in Environmental Litigation? A Practitioner's Perspective, The Environmental Law Reporter
  • Is Agency Guidance the Low-Hanging Fruit for Regulatory Reform?, Bloomberg Daily Environment Report
  • The Increasing Influence of Endangered Species Act Consultation on Environmental Rulemaking, Natural Resources & Environment
  • Superfund Cleanups in the Presence of Endangered Species, 19 J. LAND, RES., & ENVTL. L. 39
  • Expanding the Scope of ESA Section 7 Requirements, Law360
  • The High Value of Preserving Private Land: Benefits to Landowners and Species, American Bar Association
  • A Wider View of the Impacts of Critical Habitat Designation, Environmental Law Reporter, Environmental Law and Policy Annual Review
  • The Regulatory Reach of Living Marine Resource Statutes, 30 ENVTL. L. REP. 11006
  • Watch for New Substantial Pesticide Restrictions From EPA, Growing Produce
  • Navigating Environmental Justice Issues in Federal Permitting, Natural Resources & Environment, Volume 36, Number 2
  • 9th Circ.’s Take On A Recent Trend Of Enviro Groups, Law360

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