Caitlin McCusker
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Caitlin McCusker

Senior Counsel

Washington, DC
202.355.0244

Caitlin McCusker is an experienced litigator and advisor, with particular expertise in administrative, environmental, and natural resources matters. Caitlin counsels clients on regulatory matters, involving strategic analysis of legal risks and opportunities presented by complex statutory and regulatory frameworks. Caitlin’s practice focuses on advising clients in matters involving environmental, land use, transportation, administrative, and constitutional law.

Prior to joining the firm, Caitlin served as Chief of Staff in the Environment and Natural Resources Division of the U.S. Department of Justice, where she assisted in managing the Division’s litigation arising under more than 150 environmental and natural resources laws. She also worked closely with the General Counsels for multiple federal agencies, including the U.S. Environmental Protection Agency, the Department of Interior, and the Department of Defense. In this role, she helped oversee and advise on the most significant litigation, investigation, and policy matters handled by the Division and provided strategic counsel to senior political officials on topics including pollution control, natural resources, wildlife protection, and Tribal law.  Caitlin also served as a trial attorney in the Division’s Environmental Defense Section, where she litigated environmental matters in both trial and appellate courts under the Clean Air Act, the Clean Water Act, CERCLA, and the Administrative Procedure Act.

Representative Experience

Previous U.S. Department of Justice Experience

  • Louisiana v. EPA, No. 23-cv-1714 (W.D. La.). Successfully opposed effort by a coalition of states to preliminarily enjoin EPA’s water quality certification regulations under Section 401 of the Clean Water Act.
  • Sinclair Refining Co. LLC v. EPA, No. 22-1073 (D.C. Cir.) and RFS Power Coalition v. EPA, No. 20-1046 (D.C. Cir.). Drafted motions and briefs defending EPA in consolidated challenges to rules establishing annual volume and percentage standards under the Clean Air Act Renewable Fuel Standard program.
  • EDF v. Regan, No. 20-cv-762 (D.D.C.). Represented EPA in APA action alleging violation of public notice provisions of the Toxic Substances Control Act.
  • Suncor Energy v. EPA, No. 19-9612 (10th Cir.). Briefed and argued on behalf of EPA in a challenge to denial of petition for small refinery exemption from the Renewable Fuel Standard program.
  • American Bird Conservancy v. Brouillette, No. 19-cv-3694 (D.D.C.). Secured summary judgment ruling for the Department of Energy and the Army Corps of Engineers in action alleging violations of the National Environmental Policy Act and the Clean Water Act related to permitting of offshore wind energy facility.
  • American Lung Ass’n v. EPA, No. 19-1140 (D.C. Cir.). Defended EPA’s repeal and replacement of the Clean Power Plan governing greenhouse gas emissions from power plants.
  • Atlantic Richfield v. United States, No. 15-cv-56 (D.N.M.). Conducted fact and expert discovery, drafted summary judgment briefing, and developed mediation strategy in dispute concerning CERCLA liability for cleanup costs of one of the largest open-pit uranium mines.

Resources and News

News