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.
MEMBERSHIPS
Federal
Bar Association, Member
American
Bar Association, Appellate Section, Member
Sacramento
County Bar Association, Member
United
States District Court for the Southern, Central, Eastern and Northern
Districts of California, Admitted to Practice
United
States Courts of Appeals for the First, Fifth, Sixth, Seventh, Ninth
and Tenth Circuits, Admitted to Practice
EDUCATION
University
of California, Berkeley, School of Law (Boalt Hall) (J.D., 2002)
University of California at Davis (B.A., 1998)
PUBLICATIONS
30
Colum J. Envt'I. L. 473, “From Migratory Birds to Migratory Molecules:
The Continuing Battle over the Scope of Federal Jurisdiction under the
Clean Water Act,” 2005, Author
44
Nat. Res. J. 77, “Towards Common Sense in ESA Enforcement: Federal Courts
and the Limits on Administrative Authority and Discretion Under the
Endangered Species Act,” 2004, Author
PRESENTATIONS
CLE International, Nevada Water Law Seminar,
"Recent Developments in Clean Water Act Jurisdiction," 2008,
Speaker |
