Environmental Regulation After Loper Bright and Corner Post: Agency Rulemaking, Judicial Review, Increased Litigation

Mr. Cruden provides strategic counsel on high-stakes environmental and natural resources litigation, civil and criminal enforcement, and compliance. Working with clients makes the practice of law worthy and valuable to him as they advance strategic needs while protecting human health and the environment.  Mr. Cruden is the Past Senate-confirmed Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Past President of Environmental Law Institute, Past President of American College of Environmental Lawyers, and Past Chair of ABA Section on Environment, Energy, and Resources.

Ms. Keyes combines the trial skills learned from her 17-year career as a prosecutor with her in-depth knowledge of local, state and federal governments and deep understanding of environmental law to advise clients on complex litigation and regulatory matters so clients can mitigate legal risks and achieve their business and operational imperatives. She advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. Having worked on matters involving every environmental statute, a significant portion of Ms. Keyes practice focuses on helping clients understand the regulatory and litigation risks associated with permit issues, worker safety, and emerging contaminants, including PFAS and ethylene oxide, as well as plastics and asbestos. She specializes in assessing facility impacts on fence-line communities and developing strategies for community engagement when appropriate. Ms. Keyes also advises clients on environment, social and governance (ESG) matters and the impacts climate change can have on business operations.

Ms. Fleming advises a wide variety of business, institutional and organizational clients on all aspects of environmental policy, government relations, compliance planning, incident response, subsequent enforcement and litigation matters and special investigations for private and municipal clients. She also advises clients on environment, social and governance (ESG) issues and the impacts climate change can have on business operations. Ms. Fleming spent more than 20 years in the public sector, serving as both an elected and appointed official at the state and local levels, as well as in various branches of the federal government. She served as Principal Legal Advisor (General Counsel) for Immigration & Customs Enforcement (ICE) in the U.S. Department of Homeland Security (DHS) and as Chief of Staff to the Environmental Protection Agency (EPA) during the Obama Administration. In addition, Ms. Fleming served as the EPA Region 4 (Southeastern Region) Regional Administrator (RA), where she was responsible for establishing and implementing environmental policy, including the principals of environmental justice for eight southeastern states and six federally recognized tribes. Ms. Fleming finalized the Region's Environmental Justice (EJ) Policy (previously stagnated for 10 years), instituted regular environmental justice information sessions with state partners and communities, and created a Regional EJ Interagency Working Group with other federal agencies to strategically and comprehensively address community concerns. Ms. Fleming also instituted the Colleges and Underserved Community Partnership Program (CUPP) which partnered college students with senior federal staff to provide much needed environmental, health and technical services to some of the poorest jurisdictions in their region.