Darin R. Bartram has litigation experience in state and federal environmental and constitutional law issues. In addition, he has experience in the field of public international law, having appeared before international tribunals representing the interests of sovereign governments in complying with their international legal obligations. He has counseled clients on a number of international subjects and has researched treaty implementation, multilateral and unilateral sanctions and evolving norms of international law.
Mr. Bartram focuses his environmental practice on clean air and climate change issues before federal and state administrative agencies. He has provided advice to companies on Clean Air Act permitting and compliance issues and has represented industry and others in numerous regulatory rulemakings addressing the following environmental and energy issues:
Climate Change: Mr. Bartram has provided advice regarding state, regional and proposed federal climate change and energy legislation. His representational experience includes reporting requirements, carbon sequestration and related liability issues, offset projects, emissions trading-related transactions and the regulation of greenhouse gases under the Clean Air Act independent of federal climate change legislation.
New Source Review: He has counseled companies on the defense of actions brought by the federal government, alleging that they have undertaken major modifications to their facilities without first having followed the requirements of the federal “new source review” permitting program.
Motor Vehicle Emissions: Mr. Bartram has represented clients in a variety of matters regarding the regulation of motor vehicles, fuels and fuel additives regulated by Title II of the Clean Air Act, and has provided advice regarding the EPA’s consideration of an endangerment determination for motor vehicle emissions, which is an initial step in regulating greenhouse gas emissions from automobiles.
Regional Haze: Mr. Bartram has represented state and local governments in complex administrative proceedings involving efforts by the U.S. Environmental Protection Agency to regulate regional haze and other visibility impairments, including efforts by the Grand Canyon Visibility Transport Commission to address visibility problems in the Grand Canyon. He has counseled government clients on Clean Air Act “transportation conformity” requirements, which can restrict road improvements and growth.
Oil Pollution: Mr. Bartram has experience under the Oil Pollution Act of 1990, having assisted in the representation of an international group of vessel owners in challenging regulations promulgated by the State of Washington on the basis that those local regulations were preempted by federal and international law. This litigation ultimately led to a unanimous decision by the Supreme Court upholding the vessel owners’ claims.
As an important element of his administrative practice, Mr. Bartram has participated in all aspects of requests for information from federal and state governments under the federal Freedom of Information Act and its state counterparts.
Mr. Bartram is a member of the District of Columbia and Maryland Bar Associations.
5/3/2011 - Planning in Light of the Obama Administration's Recent Legislative and Enforcement Initiatives