Brian R. Levey

Brian assists clients in navigating complex permitting and compliance issues that arise under a host of federal environmental statutes and regulations. He also advocates for clients during related litigation and administrative rulemakings, including at the US Supreme Court.

Brian advises clients on matters that arise under the Clean Water Act (CWA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA) and other environmental statutes. He assists applicants in obtaining and defending federal permits for complicated energy and development projects. He has assisted on various permitting, regulatory, and litigation projects including supporting the Hunton environmental team in securing a Supreme Court victory with respect to Nationwide Permit 12, a general CWA permit; as well as assisting in several matters regarding Clean Water Act section 404 dredge and fill permits. Brian also has experience advising oil and gas companies with respect to compliance with ESA consultation and permitting obligations and related NEPA compliance issues. Additionally, Brian has experience advocating for clients by drafting comments on administrative rulemakings and engaging with federal agencies on the development of key policies.

He represents a diverse set of clients, including companies and trade associations from a wide variety of industry sectors, including electric utilities, oil and gas, renewables, agriculture, mining, consumer products, housing and commercial development.

Prior to joining the firm, Brian was a law clerk in the Office of General Counsel of the North American Electric Reliability Corporation. He also has experience in two government agencies, as a law clerk at the US Environmental Protection Agency in the Office of Enforcement & Compliance Assurance, and in the Office of the Secretary at the US Department of Energy, where he was the Deputy Director of the Office of Scheduling and Advance, as well as a special assistant to the Secretary of Energy.

Brian is a contributor to the firm’s Nickel Report blog.

• Advises residential and commercial developers on the regulatory requirements under CWA section 404, ESA section 7, and ESA section 10 incidental take permit process.
• Advises interstate natural gas pipeline companies on permitting requirements under the CWA, NEPA, and ESA.
• Advises on federal permitting matters involving new mines and mine extension projects in Florida, including all aspects of the permitting process and matters relating to the CWA section 404, ESA section 7 consultation process, and NEPA.
• Assisted in representation of client in litigation defending CWA jurisdictional determination for industrial saltmaking facility.

• Advises agricultural products company on potential issues related to state assumption (delegation) of the CWA section 404 permitting program.
• Represents interstate natural gas pipeline company in litigation regarding CWA section 404 authorization and state CWA section 401 water quality certification.
• Defended hydroelectric facility owned and operated by major northern California utility in response to ESA citizen suit.
• Drafts comments on behalf of coalition groups on important policy developments under the CWA, ESA, and NEPA, including the scope of federally regulated “waters of the United States.”
• Prepares amicus briefs on behalf of coalition groups for important CWA litigation, including at the US Supreme Court.

• Recognized as 2021 Environmental Group of the Year, Law360, January 2022
• 2021 and 2017 Chambers USA Environment Law Firm of the Year

• Member, Section of Environment, Energy and Resources, American Bar Association
• Member, Energy Bar Association