Practice Expertise

  • Energy
  • Coal
  • Energy and Environmental Litigation
  • Energy Litigation

Areas of Practice

  • Coal
  • Energy
  • Energy and Environmental Litigation
  • Energy Litigation
  • Climate Change
  • Energy Transition
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Extractive Industries: Mining & Mineral ...
  • International Renewable Energy and Clean ...
  • Mining, Petroleum and Related Chemicals
  • National Environmental Policy Act
  • National Security
  • Natural Resources
  • NEPA
  • Pipeline
  • Public Lands
  • Regulatory
  • Renewable Energy and Clean Power
  • Sustainability and ESG
  • Water
  • Water Quality, Wetlands, Groundwater, and ...
  • View More

Profile

The leader of the firm’s environmental practice, Deidre has repeatedly been recognized in Chambers USA, including in 2021, for her “experience, talent, and abilities” in environmental, energy, and administrative law.

Deidre represents clients on permitting, compliance, and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and other environmental statutes. As noted by Chambers USA 2020, clients praise Deidre for being “an outstanding environmental attorney” who is “knowledgeable of and connected with federal agencies.” She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on a myriad of intricate issues. Deidre is well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.

Deidre brings over 20 years of practice experience in the water and natural resources space. She advises on permitting matters that present novel issues, such as risks associated with obtaining CWA authorizations, including section 404 and Nationwide Permit 12 authorization from the US Army Corps of Engineers (Corps), as well as Rivers and Harbors Act section 408 and section 10 authorizations from the Corps.

As part of our energy transition practice, Deidre also assists clients with navigating permitting, regulatory, and compliance standards for the development and transmission of new energy sources and the retirement of traditional energy sources.

Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the Secretary of the Army on environmental and land use issues involving the Corps’ Civil Works and section 404 regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments, and the US Department of Justice.

Since 2016, Deidre has been named a Local Litigation Star by Benchmark Litigation, having been recommended as a reputable and effective litigator by clients and peers. She was recognized by Law360 in 2021 as MVP of the Year, one of only five lawyers recognized nationwide in the environmental category. Deidre is also consistently ranked in both Chambers and Legal 500 for her experience in and thought leadership on novel environmental issues.

Lauded for her exceptional skill and knowledge, Deidre is often called upon to speak at industry meetings and prepare comments for the energy industry on environmental matters.

Deidre is a contributor to the firm’s environmental blog, The Nickel Report, and the firm’s pipeline industry blog, PipelineLaw.com.

Relevant Experience

  • Advises electric utilities and other energy companies on permitting electric transmission and other structures across federal lands administered by the Bureau of Land Management (BLM), the National Park Service (NPS), the United States Forest Service (FS), the Fish & Wildlife Service (FWS), and the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM).
  • Represented mineral rights owner in a challenge alleging Administrative Procedure Act (APA), NEPA, ESA, and NPS regulation violations against a National Park Service approval of a three-dimensional seismic geophysical survey in a national preserve.
  • Advised several of the nation’s largest interstate natural gas pipelines on environmental permitting and siting matters, regulatory compliance, and litigation under the CWA, ESA, NEPA, and other federal environmental laws.
  • Advise liquid natural gas and coal export developers on NEPA, ESA, and CWA permitting and regulatory approvals.
  • Advised major crude oil pipeline operator on regulatory issues involving environmental permitting issues relating to a proposed pipeline replacement project from Minnesota to Wisconsin.
  • Counsels Florida mining company in navigating the CWA section 404 permitting process and related federal requirements, such as NEPA review, the ESA section 7 consultation process, and defending the permit in subsequent litigation.
  • Assists with obtaining CWA and Rivers and Harbors Act jurisdictional determinations for industrial sites.
  • Assists a large oil and gas producer in obtaining Corps approval for channel closure at a refinery site.
  • Obtained CWA and other permits for pipeline projects in Ohio, Michigan, Illinois, and Texas.
  • Advised an interstate natural gas pipeline company on ESA, the Marine Mammal Protection Act (MMPA), CWA, and US Coast Guard requirements with respect to an offshore LNG facility and pipeline.
  • Advised an interstate natural gas pipeline company on the interplay between BOEM and Corps regulations on abandonment of offshore pipelines.
  • Advise major water utility on federal water supply authorities.
  • Counsel to one of the largest coal companies on a precedential legal challenge to EPA veto authority under section 404(c) of the CWA.
  • Counsel to a coalition challenging agency CWA guidance as violating the APA’s rulemaking requirements.
  • Obtained critical regulatory changes to streamline Corps section 404 permitting and NEPA compliance.
  • Expedited federal environmental permitting approvals for a 400-mile oil pipeline, successfully avoiding construction delays.
  • Represent land developers on jurisdictional determinations, use of general permits, expedited permitting procedures, and mitigation requirements under section 404 of the CWA.
  • Advised an interstate natural gas pipeline company in a potential enforcement action under the ESA; reached successful settlement with the FWS.
  • Lead counsel for a coalition of industry and agricultural interests in various CWA and ESA cases at the United States Supreme Court, including Rapanos v. United States.
  • Prepare comments on EPA and Corps rulemakings under the CWA and FWS and National Marine Fisheries Service (NMFS) under the ESA.
  • Advise state and local governments and private entities on Corps real estate and water resources development project authorities.
  • Assist local redevelopment authorities with obtaining federal approvals for the environmental cleanup and transfer of military property, including compliance with NEPA.

Bar Admissions

  • District of Columbia

Education
BA, Duke University, cum laude, 1993

Areas of Practice

  • Coal
  • Energy
  • Energy and Environmental Litigation
  • Energy Litigation
  • Climate Change
  • Energy Transition
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Extractive Industries: Mining & Mineral Processing, Oil & Gas
  • International Renewable Energy and Clean Power
  • Mining, Petroleum and Related Chemicals
  • National Environmental Policy Act
  • National Security
  • Natural Resources
  • NEPA
  • Pipeline
  • Public Lands
  • Regulatory
  • Renewable Energy and Clean Power
  • Sustainability and ESG
  • Water
  • Water Quality, Wetlands, Groundwater, and Drinking Water

Professional Career

Significant Accomplishments
  • Advises several of the nation’s largest interstate natural gas pipelines on environmental permitting and siting matters, regulatory compliance, and litigation under the CWA, ESA, NEPA and other federal environmental laws.
  • Advise liquid natural gas and coal export developers on NEPA, ESA, and CWA scope of analysis issues.
  • Advises electric utilities and other energy companies on permitting electric transmission and other structures across federal lands administered by the Bureau of Land Management (BLM), the National Park Service (NPS), the United States Forest Service (FS), the Fish & Wildlife Service (FWS), and the Minerals Management Service (MMS).
  • Serves as lead counsel to a broad coalition of industry and agricultural associations on matters involving legislative and regulatory changes to the CWA.
  • Advise major water utility on federal water supply authorities.
  • Counsel to one of the largest coal companies on precedential legal challenge to EPA veto authority under Section 404(c) of the CWA.
  • Counsel to coalition challenging agency CWA guidance as violating the Administrative Procedure Act’s rulemaking requirements.
  • Advised an interstate natural gas pipeline company on ESA, the Marine Mammal Protection Act (MMPA), the CWA and US Coast Guard requirements with respect to an offshore LNG facility and pipeline.
  • Obtained critical regulatory changes to streamline the Corps of Engineers’ Section 404 permitting and NEPA compliance.
  • Expedited federal environmental permitting approvals for a 400-mile oil pipeline, successfully avoiding construction delays.
  • Advised an interstate natural gas pipeline company on the interplay between MMS, Department of Transportation, and Corps of Engineers’ regulations on abandonment of offshore pipelines.
  • Represents land developers on jurisdictional determinations, use of general permits, expedited permitting procedures, and mitigation requirements under Section 404 of the CWA.
  • Advised an interstate natural gas pipeline company in a potential enforcement action under the ESA; reached successful settlement with the FWS.
  • Lead counsel for a coalition of industry and agricultural interests on various CWA and ESA cases at the United States Supreme Court, including Rapanos v. United States.
  • Prepares comments on EPA and Corps rulemakings under the CWA and FWS and National Marine Fisheries Service (NMFS) under the ESA.
  • Advises state and local governments and private entities on Corps of Engineers’ real estate and water resources development project authorities.
  • Assists local redevelopment authorities with obtaining federal approvals for the environmental cleanup and transfer of military property, including compliance with NEPA.


Professional Associations
  • Member, American Bar Association

Professional Activities and Experience
  • Recognized as an Energy and Environmental Trailblazer, National Law Journal, 2018
  • 2017 Chambers USA Environment Law Firm of the Year
  • Listed as a Future Star in Litigation, District of Columbia, Benchmark Litigation, 2016
  • Recognized as a Leader in Environmental Law, District of Columbia, Chambers USA, 2014-2017
  • Selected as a Super Lawyer for Environmental Law, Washington DC Super Lawyers magazine, 2014-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • Client Choice Award, Environmental–DC, International Law Office and Lexology USA & Canada, 2014
  • Named among the Top Lawyers for Environmental Law, Washingtonian magazine, 2009
  • Meritorious Service Medal, General Counsel of the Army, 2000
  • Army Commendation Medal, Assistant Chief of Staff of the Army, 1999


Articles

  • EPA and US Army Corps Seek to Expand Jurisdiction Under the Clean Water Act, The Federalist Society for Law and Public Policy Studies, Engage
  • Lessons Learned from Coal, Oil & Gas Financial Journal
  • DAPL Opinion Highlights Pipeline Project NEPA Challenges, Law 360
  • 9th Circ.’s Take On A Recent Trend Of Enviro Groups, Law360
  • Energy Infrastructure Environmental Reviews are at a Crossroads with the Courts and the Administration, Houston Business Journal
  • “Clean Water Act Section 401: Balancing States’ Rights and the Nation’s Need for Energy Infrastructure,” selected as the Best Paper Award Recipient for the American Bar Association Environmental, Energy, and Resources Law 27th Fall Conference
  • Clean Water Act Section 401: Balancing States’ Rights and the Nation’s Need for Energy Infrastructure, Hastings Environmental Law Journal, Vol 25, Number 2
  • The untapped potential of blue carbon credit markets, Transition Economist
  • Environmental Groups’ Challenges to Natural Gas Infrastructure Projects, Pipeline & Gas Journal
  • Uncertainty and Exclusions: Implementation of the Final ‘Waters of the United States’ Rule, ABA Section of Environment, Energy, and Resources 23rd Fall Conference
  • Clearing Up Some Pipeline Permit Questions at 3rd Circ., Law360
  • The Journey or the Destination?: Reconsidering the Proper Role of Greenhouse Gas Emissions Impacts in NEPA Review of Natural Gas Pipeline Projects, Oil, Gas & Energy Law Intelligence Journal
  • Expanding the Scope of ESA Section 7 Requirements, Law360
  • EPA's Unprecedented Exercise of Authority Under Clean Water Act Section 404(c), American Bar Association Section on Environment, Energy, and Resources, In-House Counsel Committee Newsletter

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