Representative Cases

Climate & Clean Energy Law

• Represented Sierra Club as Respondent-Intervenor in U.S. Supreme Court litigation, authoring portion of the brief opposing pipeline industry motions to stay federal “good neighbor plan” for cross-state air pollution. Ohio v. EPA, 144 S. Ct. 2040 (2024).

• Served as lead counsel for a coalition of environmental groups that successfully persuaded the New Mexico Environmental Improvement Board to adopt the Advanced Clean Cars II rule, which requires manufacturers to deliver an increasing number of zero emission vehicles to New Mexico.

• Briefed and argued three cases in the federal courts of appeals related to EPA’s air quality designations under the 2015 national ambient air quality standard for ozone.  Clean Wisconsin v. EPA, 964 F.3d 1145 (D.C. Cir. 2020); Bd. of Cnty. Commissioners of Weld Cnty., Colorado v. EPA, 72 F.4th 284 (D.C. Cir. 2023); Texas v. EPA, 983 F.3d 826 (5th Cir. 2020).

• Authored amicus curiae brief on behalf of eight administrative law professors supporting EPA’s decision to reinstate California’s ability to adopt its own vehicle emission standards.  Ohio
  v. EPA, 98 F.4th 288 (D.C. Cir. 2024).

• Authored amicus curiae brief on behalf of the New Mexico Environment Department supporting EPA in litigation related to Texas’s obligation to eliminate cross-state air pollution impacts.  Texas v. EPA, 5th Cir. No. 23-60069.

• Co-authored a petition for U.S. Supreme Court certiorari in NRDC v. Mexichem Fluor, Inc. (U.S., No. 18-2), a case involving regulation of high-global-warming-potential refrigerants.

• Represented environmental and community groups in challenge to El Paso Electric’s application for air permit for new gas plant; negotiated a settlement that required utility to agree to four-year moratorium on new fossil fuel development, retirement of two existing fossil units, and payment in $900,000 towards pollution reduction measures.

• Represented a coalition of environmental groups in formal rulemaking proceeding before the New Mexico Oil Conservation Commission that resulted in precedent setting ban on the wasteful practice of routine flaring from oil wells.

Business and Commercial Litigation

• Served as co-counsel for a design consultant seeking payment in connection with a $22 million real estate transaction; defeated motion to dismiss and obtained summary adjudication of key question of contract interpretation, resulting in a seven-figure settlement. Palumbo Design v. 1169 Hillcrest, 2020 WL 5267566 (C.D. Cal. 2020).

• Represented member of luxury car rental business in Los Angeles in LLC membership dispute; after four years of litigation and several successful motions, plaintiff dismissed all claims against my client on a “walk away” basis.

• Represented founder of tequila company in dispute with business partner; litigated trademark and breach-of-contract claims in federal court; negotiated sale of founder’s interest in the company. Etereo Spirits, LLC v. James R. Ling, 2021 WL 3914256 (C.D. Cal. July 15, 2021).

• Represented owner of dental practice in suit against practitioner accused of diverting patients from the company; litigating claims under the Defend Trade Secrets Act and Computer Fraud and Abuse Act, as well as claims for breach of fiduciary duty and breach of contract; negotiated settlement and sale of dental practice.

• Represented business owner whose property was damaged by a downed powerline in negligence suit against utility; defeated motion to dismiss and motion for summary judgment before settling for substantially all of client’s demand.

• Represented manager of cannabis dispensary in partnership dispute, and defeated application to appoint a receiver.