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Mark W. DeLaquil

Mark DeLaquil has represented FORTUNE 500 companies, states, trade associations, amici curiae groups and public interest groups in regulatory proceedings, complex federal litigation and appellate proceedings.

Environmental Regulatory Proceedings and Litigation

Mr. DeLaquil focuses his practice on complex environmental and regulatory proceedings. He has represented and counseled state and private clients in Clean Air Act administrative proceedings and litigation, including preparing comments on proposed actions and contesting them in the courts of appeals. He has extensive appearance in actions concerning climate change, air quality standards, emission standards and state implementation plans.

Appellate Litigation

Mr. DeLaquil has extensive appellate experience, having represented parties and amici curiae in proceedings before the U.S. Supreme Court, the United States Courts of Appeals for the Second, Fourth, Fifth, Seventh and District of Columbia Circuits, and the District of Columbia Court of Appeals.

Complex Dispute Resolution

Mr. DeLaquil has significant experience representing clients in complex federal and international litigation and arbitration. He has counseled clients in international litigation matters arising under the Alien Tort Statute, international environmental and human rights matters. He has also represented clients in litigation arising under the Racketeer Influenced and Corrupt Organizations (RICO) Act, state trade secret laws, copyright infringement and state fraud laws. Additionally, Mr. DeLaquil has represented clients in international commercial arbitrations.

Professional Activities

Mr. DeLaquil has served as faculty on ALI-ABA’s course on Global Warming: Climate Change and the Law. He has been invited to speak on matters concerning the intersection of constitutional and international law by Albany Law School and the Colorado Bar Association’s Bill of Rights Committee.

Mr. DeLaquil has also authored or co-authored several articles, including “Preemption and Law in the Twenty-First Century,” Chicago Journal of International Law (Winter 2005) and “Foreign Law and Opinion in State Courts,” Albany Law Review (Fall 2006). He also co-authored a chapter in “Presidential Leadership: Rating the Best and Worst in the White House,” The Wall Street Journal (2004) with David B. Rivkin Jr.

Representative Matters

• Represented a leading mining and smelting company in challenge to revised primary sulfur dioxide national ambient air quality standard.
• Represented amicus group comprised of all former secretaries of defense and members of the Joint Chiefs of Staff in appeal of decision denying qualified immunity to former Secretary of Defense Rumsfeld, helping secure rehearing en banc.
• Represented a state in petitions for review of Clean Air Act decisions concerning greenhouse gases, including calls for revision to state implementation plans and decisions revising approval of state implementation plans.
• Prepared comments on proposed national emission standards for hazardous air pollutants for trade association of secondary metal processors.
• Represented applicant in petition for review of FAA denial of airworthiness certification in the D.C. Circuit.
• Counseled defense contractor in suit alleging violations of Alien Tort Statute, RICO Act and state negligence laws arising out of operations in Iraq.
• Represented amicus group of law professors in U.S. Supreme Court supporting petition for certiorari and merits proceedings in global climate change public nuisance suit against electric utilities.
• Advised and counseled gaming company and sponsored political action committee on compliance with federal and state campaign finance requirements.
• Represented trade association of investor-owned electric utilities in amicus brief in court of appeals supporting rehearing in class action seeking private damages for harms allegedly caused by climate change.
• Represented Asian and South American payment card companies in international commercial arbitrations conducted under the International Chamber of Commerce rules.
• Counseled leading electric utility on Clean Air Act compliance strategy and potential legal implications of climate change for U.S. industry.