EPA Regulatory

Foley’s EPA Regulatory Practice — comprising seasoned environmental attorneys focused on D.C. — is well positioned to assist clients seeking to influence federal agency rulemaking processes concerning environmental matters.

Federal environmental legislation, such as the Clean Air Act and the Resource Conservation and Recovery Act, and agency environmental rulemaking, principally by the U.S. Environmental Protection Agency (EPA), are the cornerstones of environmental policy in the United States. As part of Foley’s nationally renowned environmental practice, our EPA Regulatory attorneys regularly assist clients seeking to influence agency rulemaking processes concerning environmental matters, including providing advocacy before the EPA prior to the initiation of rulemaking procedures.

Once rulemaking procedures are underway, our attorneys — armed with an in-depth knowledge of numerous agency rulemaking processes — work with clients to help agency staff understand the client's perspective on pending rules, create pre-proposal submissions of data and position papers, and draft and submit comments on agency proposed rules, ensuring, where appropriate, that materials are catalogued and docketed to preserve rights for judicial review. After environmental regulations become final, our environmental attorneys, relying on decades of experience in judicial review of federal environmental regulations, challenge, or in some cases, support, the agency's regulations before the appellate courts, particularly the U.S. Court of Appeals for the District of Columbia Circuit, where we have successfully challenged EPA rulemakings for a wide variety of our industrial clients.