Mark W. DeLaquil

Experience

Environmental Regulatory Proceedings and Litigation

• Represented state and private clients in Clean Air Act administrative proceedings and litigation, including preparing comments on proposed actions and contesting them in courts of appeals. Has extensive experience in actions concerning climate change, air quality standards, emission standards, preconstruction and operating permits and state implementation plans.
  • Represented a petroleum refinery in litigation concerning EPA’s denial of a small refinery hardship waiver from the Clean Air Act Renewable Fuel Standards program.
  • Counseled a petroleum refinery on compliance strategies for the Clean Air Act Renewable Fuel Standards program, including RIN retirement requirements.
  • Represented a petroleum refinery in enforcement litigation concerning alleged violations of Clean Air Act NSPS and NESHAP programs.
  • Represented a manufacturing company in administrative and federal court litigation defending the validity of its preconstruction and operating air permit. Judgment entered for manufacturing company in all cases.
  • Counseled a leading electric utility on Clean Air Act compliance strategy and the potential legal implications of climate change for the U.S. industry.

Trial and Appellate Litigation

• Represented parties in appeals throughout the U.S. and argued numerous appeals in the Second, Fifth, Seventh, Eighth, Ninth and District of Columbia Circuits.
  • Lead counsel to Petitioner in U.S. Supreme Court litigation concerning regulation of carbon dioxide under Clean Air Act NSPS program.
  • Argued appeals on behalf of manufacturers in support of affirmance of a decision dismissing a citizen suit alleging violations of the Clean Air Act preconstruction permitting program.
  • Argued an appeal on behalf of a nonprofit organization in support of affirmance of a preliminary injunction stopping a criminal investigation.
  • Argued an appeal in support of the reversal of a decision confirming labor arbitration awards.
  • Argued a challenge to a decision revising approval of a state implementation plan arising out of the Clean Air Act greenhouse gas regulation.  
• Lead trial counsel or co-lead trial counsel in numerous federal court trials.
  • Lead trial counsel in an action obtaining permanent injunction barring the enforcement of state law binding delegates to national party conventions to the results of a presidential preference primary.
  • Co-lead trial counsel representing inventor in bench trial on whether the inventor was barred by prosecution laches from obtaining multiple patents. The court granted judgment on partial findings in favor of inventor.
  • Lead or co-lead trial counsel for inventor in three federal court trials to obtain patents. Judgment that the inventor was entitled to a patent in all cases.
• Represented parties and amici curiae in proceedings before the U.S. Supreme Court and nearly all of the U.S. Courts of Appeals. 
  • Represented an amicus group composed of all former Secretaries of Defense and members of the Joint Chiefs of Staff in an appeal of a decision denying qualified immunity to former Secretary of Defense Donald Rumsfeld, helping secure a rehearing en banc.
  • Represented an amicus group of law professors before the U.S. Supreme Court supporting a petition for certiorari and merits proceedings in a global climate change public nuisance suit against electric utilities.

Political Law

• Represented clients in a full array of campaign finance matters, from counseling compliance to successfully challenging the enforcement of state campaign finance law.
  • Obtained a preliminary injunction barring the enforcement of a state law requiring certain social welfare organizations to register as political committees.
  • Obtained a preliminary injunction barring the enforcement of a state law barring coordination between candidates and unaffiliated organizations concerning issues advocacy.
  • Argued an appeal seeking affirmance of a decision enjoining a criminal investigation into alleged state campaign finance violations.
  • Has counseled businesses and nonprofit entities on compliance with campaign finance and ethics law requirements.

Memberships

• ALI-ABA: Faculty of Global Warming: "Climate Change and the Law"