Trey’s practice focuses on environmental permitting and litigation. Trey has served as lead litigation counsel in a diverse array of trials and appeals, including petitions for review of large infrastructure projects, major CERCLA cost-recovery actions, defense of environmental citizen suits and civil enforcement cases, consumer class actions and federal civil rights. Trey combines courtroom experience in complex trials and appeals with the substantive knowledge specific to environmental disputes arising under the federal Clean Air Act, Clean Water Act, National Environmental Policy Act and Endangered Species Act.

Trey was law clerk to the Hon. Karen J. Williams of the US Court of Appeals for the Fourth Circuit from 2003-2004. He also clerked for the Hon. Robert E. Payne of the US District Court, Eastern District of Virginia, from 2002-2003. Before attending law school, Trey served as a Surface Warfare Officer in the United States Navy.

Bar Admissions

Education
JD, University of Virginia School of Law, Managing Editor, Virginia Law Review; Order of the Coif, 2002

BA, Political Science, Duke University, cum laude, 1995

• Trial counsel for major forest products company in major CERCLA cost-recovery action (W.D. Mich. 2011-present)
• Represented major coal producer in challenge to EPA’s attempt to retroactively veto a Clean Water Action Section 404 permit (D.C. Cir. and D.D.C. 2010-present)
• Briefed and argued issue of first impression in the Third Circuit involving the interstate transport of air pollution (3d Cir. 2012-2013)
• Represented multiple utilities and trade associations in Clean Air Act New Source Review litigation (2010-present)
• Represented multiple States in challenge to EPA’s Cross-State Air Pollution Rule (D.C. Cir. and U.S. S.Ct. 2011-present)
• Briefed and argued motion to dismiss for energy producer in Clean Water Act citizen suit involving coal ash landfill. (D.Md. 2010) 
• First-chair trial counsel for Fortune 200 financial institution in complex land-use litigation in Northern Virginia. The case was tried over several days and resulted in complete victory for the client. (Va. Circuit Court, Loudoun County 2007) 
• First-chair trial counsel in civil rights lawsuit brought by a former inmate at a Virginia county jail relating to abuse that occurred while she was incarcerated. The case was tried over two days and resulted in a jury verdict in favor of the client. (W.D. Va. 2008) 
• Integral member of team handling defense of major oil refiner litigation relating to the gasoline additive Methyl Tertiary Butyl Ether. Coordinated discovery of plaintiffs and the development of key expert opinions for a defense group involving all major domestic gasoline refiners. (In re MTBE Product Liability Litigation, MDL 1358 (S.D.N.Y. 2004-2010) 
• Represented major home mortgage servicer in appeal raising issues of first impression for Fourth Circuit relating to foreclosure on a residential loan. (4th Cir. 2010 - 2011) 
• Briefed and argued appeal by aggrieved parent of adverse trial ruling under the Hague Convention on the Civil Aspects of International Child Abduction. (4th Cir. 2006) 
• Representation of victorious plaintiff in appeal of judgment against the federal government under the Federal Tort Claims Act. (4th Cir. 2008) 
• Briefed appeal of $3.1 million defamation verdict against Fortune 50 retailer and obtained favorable settlement for the client. (4th Cir. 2009) 
• Represented Fortune 100 financial institution in litigation arising out of failed multi-million dollar construction project. Drafted and argued summary judgment motion which was granted, resulting in complete victory for the client. (E.D. Va. 2009) 
• Drafted and argued pre-trial motions, conducted depositions of fact and expert witnesses, and served as first-chair counsel at evidentiary hearings for owner and lessor of railroad tank cars in a series of suits under CERCLA and state common law involving the release of hazardous materials near a residential neighborhood. (W.Va. Circuit Court and S.D. W.Va. 2005-2010) 
• Drafted dispositive motions in defense of television manufacturer in consumer fraud class action involving plaintiffs from 14 states. (D.N.J. 2009-2010) 
• Drafted pre-trial dispositive motions and handled discovery for Fortune 100 defense contractor in complex contract dispute involving the disposition of legacy liabilities under a complex purchase and sale agreement. 
• Drafted dispositive motions in trial court and participated in trial that resulted in complete victory for the client. Drafted appellate briefs in the appeal of the trial court judgment, which was affirmed. (N.Y. Supreme Court 2006-2009) 
• Defended various large financial institutions in cases arising under the federal Equal Credit Opportunity Act, the Fair Housing Act, the Fair Debt Collection Practices Act, and the Truth in Lending Act. (Various courts, 2007-2010) 
• Handled pre-trial motions for Fortune 500 company in defense of claims relating to lumber treated with Chromated Copper Arsenate. (Various courts, 2004-2007) 
• Defended major housewares retailer in proposed nationwide consumer fraud class action filed in Madison County, Illinois, involving corded window coverings. (Ill. Circuit Court, Madison County 2005-2010) 
• Represented historical foundation in series of landlord/tenant disputes. (Va. Circuit Court, City of Williamsburg 2005-2010)

• Member, American Bar Association
• Member, Virginia Bar Association
• Member, John Marshall Inn of Court
• Member, Fourth Circuit Judicial Conference
• Member, Federal Bar Association

• Benchmark Litigation – Rising Star, 2016

• An Analysis of Consumer Fraud Class Actions Relating to Food, BNA Class Action Litigation Report
• Toxic Torts Minus Toxicity: An Analysis Of Consumer Fraud Claims Relating to Food, BNA Product Safety & Liability Reporter
• An Empirical Look at Preliminary Injunctions in Challenges Under Environmental Protection Laws, Environmental Law Reporter