Government regulation has a deep impact on companies’ operations and is an outsized variable in business planning.  State and federal regulatory and enforcement actions, in courts and before the agencies themselves, can impose significant costs, preempt opportunities, and even endanger a company’s—or a whole industry’s—existence. Eimer Stahl’s former high-ranking state government officials, administrative-law specialists, and regulatory counselors help clients navigate government-facing legal thickets in Washington and across the country. Our team also has extensive experience representing government entities themselves—from agencies and commissions to executive officials and legislative bodies—in regulatory and constitutional disputes.  Whatever the matter, our lawyers are keenly aware that, while litigation is sometimes necessary, often the best approach is to work with the relevant agency to resolve problems.  In any event, and regardless of the forum, regulatory lawyers must know the bedrock principles of administrative law, and our team knows them well.

Experience

Represented businesses in Federal Trade Commission proceedings regarding mergers and other antitrust matters.

Representing leading Illinois utility in annual ratemaking proceedings before the Illinois Commerce Commission.

Represented plaintiffs in challenges to major federal environmental regulations, including the Waters of the United States (“WOTUS”) Rule, Federal Implementation Plans (FIPs), and Ozone National Ambient Air Quality Standards (NAAQS).

Representing leading petroleum company in litigation against State Attorneys General regarding usage of methyl tert-butyl ether (MTBE).

Representing business groups in litigation challenging state agency’s planned release of confidential health records identifying Wisconsin companies with COVID-19-positive employees.

Litigated on behalf of, and against, several state agencies in Wisconsin, including the Departments of Justice, Natural Resources, Revenue, Workforce Development, as well as the Labor and Industry Review Commission.

Oversaw and managed regulatory activity of all state agencies, on behalf of Governor’s office.

Led multi-state coalition against major rule issued by Federal Communications Commission regarding broadband access, causing agency to withdraw the rule.

Representing business in challenge to legality of rule issued by California’s Division of Occupational Safety and Health (Cal/OSHA).

Represented state legislature in successful original action seeking invalidation of an agency order issued improperly under the state rulemaking procedures.

Helping clients navigate, and in some cases prosecute or defend actions under, state versions of the federal Administrative Procedure Act, including in California, Michigan, Ohio, and Wisconsin.

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