Overview

Andrew’s practice covers a diverse range of natural resource, environmental, marine resource, and land use issues critical to the operations of his clients. His experience allows him to bring insightful and practical advice to complex permitting, compliance and litigation matters. He is often called upon to provide key strategic advice on business strategy decisions, representation before agencies and courts, and counsel on external communications. He has helped shape jurisprudence at the intersection of environmental, energy, and marine resource laws to the benefit of the environment and the clients he serves.

Andrew works with clients when their activities involve wetlands, endangered species, federal lands, and waterfront and offshore resources. He has extensive experience navigating the complex natural resource and marine resource regulatory framework, drawing the connections to offer clients efficient strategies to tackle some of their most pressing environmental problems. He coordinates with regulatory agencies on behalf of clients, including with the US Environmental Protection Agency, US Fish and Wildlife Service, US Army Corps of Engineers, National Marine Fisheries Service, and various state regulatory bodies across the country.

Andrew offers proactive counseling to clients on matters involving the Clean Water Act (CWA) and CWA Section 404, National Environmental Policy Act (NEPA), and Endangered Species Act (ESA), including Section 7. He is also valued for his reservoir of knowledge of the Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (BGEPA) and National Historic Preservation Act (NHPA) compliance. Andrew’s experience includes administrative rulemaking, permit administration, civil and criminal litigation, and federal regulatory agency practice. He regularly assists energy and water providers, state and local agencies, builders and developers, consumer product companies, offshore project proponents, vessel owners and operators and related trade associations.

Prior to joining the firm, Andrew served in the US Coast Guard Office of Maritime & International Law as Senior Counsel for Oceans and Environmental Affairs, and subsequently as the Coast Guard Chief of General Law. He also served in the National Oceanic & Atmospheric Administration Office of General Counsel, focusing on Endangered Species Act and Marine Mammal Protection Act (MMPA) regulation and litigation, and in the US Air Force as an active duty and later a Reserve Judge Advocate.

Andrew is admitted to practice before the US Supreme Court, the District of Columbia Court of Appeals, the Pennsylvania Supreme Court, the United States District Court for the District of Columbia, and the US Courts of Appeals for the Eighth, Tenth, Eleventh, and District of Columbia Circuits.

Experience

  • Co-lead counsel for mining company in litigation over Clean Water Act permit, developing key arguments that led to ruling on company’s favor by the US District Court for the Middle District of Florida, and a decision affirming that rule by the US Court of Appeals for the Eleventh Circuit.
  • Provides advice to one of the largest private landowners in the State of Florida regarding Clean Water Act section 404 permitting and associated environmental reviews and agency actions affecting real estate development projects.
  • Advising a mining client on MBTA and BGEPA issues relating to the client's national operations.
  • Provides long-term daily representation of an association of electric utilities on US water regulation developments, including development of many extensive technical and legal comments on US EPA regulatory proposals.
  • Lead counsel for Florida land-owning companies in litigation over designation of critical habitat for the Florida panther, developing and presenting the arguments that led to successful dismissal of the suit by US District Court for Middle District of Florida, and a decision affirming dismissal by US Court of Appeals for the Eleventh Circuit.
  • Represented major global food products company in successful renewal of a federal permit and environmental and land use issues related to the collection and transport of spring water, and associated litigation.
  • Assisted in representation of utility industry before the Supreme Court in critical CWA litigation associated with the scope of federally regulated "waters of the United States."
  • Advises on CWA Section 404 Permitting and related ESA and NEPA issues for residential and commercial development projects.
  • Advised on response to grand jury subpoena and internal investigation associated with CWA compliance. Represents energy and utility industry, waterfront facilities, vessel interests, developers, and state and local agencies in regulatory matters and litigation under the CWA, ESA, NEPA, MMPA, and other environmental, maritime and security laws
  • Significant experience with federal environmental and maritime regulatory agencies, military departments and Department of Justice.

Accolades

Honors & Recognitions

  • Recommended for Environment: Litigation (2019-2024) and Environment: Regulatory (2020, 2023), Legal 500 United States
  • Recognized as a Leader in Environment, District of Columbia, Chambers USA (2023, 2024)
  • Selected as a Best Lawyer for Environmental Law, Best Lawyers in America, 2024
  • Selected for The Lawdragon Green 500: Leaders in Environmental Law (2023, 2024)
  • Recognized as 2021 Environmental Group of the Year, Law360, January 2022
  • 2021 and 2017 Chambers USA Environment Law Firm of the Year

Insights

Events & Speaking Engagements

  • October 3, 2024
    Event
    Presenter
    ESA Section 9 Take Prohibition – What it Prohibits and How to Plan for It, Foundation for Natural Resources and Energy Law, Special Institute on Protected Wildlife and Project Development
  • September 2022
    Event
    Moot Court Panelist
    Supreme Court Institute at Georgetown Law
  • December 13, 2021
    Event
    Presenter
    Regulatory Challenges Facing Renewable Energy Infrastructure, Energy Infrastructure Council
  • May 14, 2021
    Event
    Presenter
    The Future of the Endangered Species Act, ISBA Environmental Law Section 19th Annual Environmental law Conference
  • October 3, 2018
    Event
    Speaker
    ESA Rulemaking and NEPA Reform, American Public Power Association CEO Climate Change and Generation Taskforce
  • April 22, 2015
    Event
    Speaker
    Waters of the U.S., Sierra Club v. Bostick, Nationwide Permits, American Gas Association Environmental Regulatory Action Committee Spring 2015 Meeting
  • November 17, 2014
    Event
    Panelist
    Novel ESA Provisions of EPA’s Final 316(b) Rule for Existing Facilities, ALI CLE Clean Water Act: Law and Regulation
  • November 17, 2014
    Event
    Moderator
    NPDES Permitting and Compliance: Testing Established Principles, Confronting New Challenges, ALI CLE Clean Water Act: Law and Regulation
  • October 23, 2014
    Event
    Host
    Electricity industry roundtable discussion with NOAA Fisheries officials on application of Endangered Species Act to Clean Water Act proceedings
  • May 19, 2014
    Event
    Speaker
    Recent developments in Sierra Club v. Bostick Clean Water Act Nationwide Permit Litigation, national gas trade association meeting
  • February 4, 2014
    Event
    Speaker
    Air Emissions and the Endangered Species Act, Energy, Utility & Environment Conference (EUEC 2014)
  • January 9, 2014
    Event
    Panelist
    Endangered Species Act Update: New ESA Rule on Economic Impacts Analyses in Critical Habitat Designations & Implications for the Regulated Community; Center for Biological Diversity v. Salazar & Designation of Critical Habitat for the Neosho Mucket and Rabbitsfoot Mussel, Energy and Environmental Alliance of Arkansas Quarterly Meeting
  • October 9, 2013
    Event
    Speaker
    Clean Water Act and Endangered Species Act Litigation and Regulatory Developments, Arkansas Energy & Environmental Alliance
  • September 9, 2013
    Event
    Speaker
    Recent developments in Clean Water Act and Endangered Species Act Litigation, national gas trade association meeting
  • August 15, 2013
    Event
    Panelist
    Special Corporate Roundtable on Endangered Species Act Governance, Resources for the Future (RFF)
  • August 6, 2013
    Event
    Speaker
    Recent Clean Water Act and Endangered Species Act Regulatory and Litigation Developments, National Electric Utility Association meeting
  • March 22, 2013
    Event
    Panelist
    Critical Habitat and the Challenge of Regulating Small Harms, Environmental Law Institute Environmental Law and Policy Annual Review Conference
  • October 2012
    Event
    Speaker
    Natural and Cultural Resources Update, Air Force Advanced Environmental Law Course
  • May 2012
    Event
    Speaker
    Pending Wave of Endangered Species Act Listings, Mission H2O Conference

Publications

Blog Posts

News

Education

LLM, Environmental Law, The George Washington University, 2000

JD, West Virginia University, 1992

BBA, Florida Atlantic University, 1988

Admissions

District of Columbia

Pennsylvania

Courts

U.S. District Court for the District of Columbia

Government Service

Chief of General Law, US Coast Guard Headquarters

Senior Counsel for Oceans and Environmental Affairs, Office of Maritime & International Law, US Coast Guard Headquarters

Office of the General Counsel for Fisheries, National Oceanic & Atmospheric Administration (NOAA)

US Air Force JAG attorney; Air Staff at Pentagon and HQ units; prosecutor, defense counsel, environmental attorney and judicial clerk positions

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