Environmental counseling and litigation
Tom Jackson handles all aspects of environmental law, including client counseling, permitting, trial court and appellate litigation, administrative hearings and arbitrations and legislative matters. He also helps clients assess proposed rules and other public documents such as Environmental Impact Statements.
Mr. Jackson represents corporate clients in many sectors, from residential and commercial developers, energy companies, manufacturing and small businesses, to local governments and trade associations. His experience covers a range of federal environmental statutes, including the Clean Water Act, Endangered Species Act, National Environmental Policy Act, National Historic Preservation Act, Migratory Bird Treaty Act, Marine Mammal Protection Act, Federal Insecticide, Fungicide and Rodenticide Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Toxic Substances Control Act, among others.
Mr. Jackson devotes much of his practice to advising corporations and other business entities on the federal regulation of natural resources, particularly the regulation of water, wetlands and endangered species. He provides counsel regarding the extent of federal jurisdiction over wetlands and other waters, the scope of regulated activities, alternatives analyses and related permitting standards and mitigation issues under Section 404 of the Clean Water Act. He has also counseled clients on regulatory requirements regarding discharges of storm water and has represented clients in connection with challenges to EPA storm water regulations.
Mr. Jackson also has represented a number of clients on endangered species issues, including developers, energy companies, public agencies and trade associations. In this capacity, he has advised trade associations on policy related to the implementation of the Endangered Species Act and has counseled clients on proposed listings of species and designation of critical habitat as well as Section 7 issues. He has also helped clients prepare Habitat Conservation Plans and obtain incidental take permits, and represented clients in court on various ESA issues.
A related aspect of Mr. Jackson’s practice is advising clients on private property rights issues related to federal land use restrictions arising out of wetlands and endangered species regulation. In this regard, he has represented clients in the federal courts with respect to claims for just compensation under the Fifth Amendment to the Constitution as a result of takings of private property.
In addition, Mr. Jackson has devoted a significant portion of his time to representing companies involved in the production and transmission of oil, gas and electricity in connection with various regulatory requirements under federal, state and local law such as the potential regulation of well drilling, completion and stimulation activities and pipeline construction under federal statute such as the Clean Water Act and Safe Drinking Water Act and the regulation of the use of chemicals in connection with such activities.
Mr. Jackson also represents a variety of clients in disputes across the country involving the cleanup of contaminated sites under CERCLA and liability for the costs incurred in such cleanups as well as liability for natural resource damages.
Mr. Jackson has spoken at a number of environmental law conferences addressing topics such as the National Environmental Policy Act, developments under the Clean Water Act, the Emergency Planning and Community Right-to-Know Act and civil and criminal enforcement under various environmental laws.
Resort developer – counsel in connection with the preparation of Habitat Conservation Plans and the issuance of incidental take permits under the Endangered Species Act for resort development activities involving the modification of potential habitat for endangered species
National trade association – federal court litigation challenging the authority of the U.S. Fish and Wildlife Service under the Commerce Clause of the U.S. Constitution to regulate activities on nonfederal land to protect certain types of endangered species
Private property owners – litigation against the federal government seeking compensation under the Fifth Amendment to the Constitution for a taking of private property as a result of the denial of a permit by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act
Large landowner – litigation in federal district court challenging the designation of critical habitat for a threatened species under the Endangered Species Act
- Energy companies – counseling on various energy projects (including power plants, pipelines and wind farms) regarding compliance with NEPA, wetlands, ESA and related requirements
- Energy service company – representation in state and county-level rulemaking proceedings concerning oil and gas regulations
Publications, Speeches and Presentations
- “The Polar Bear’s Nose Under the Tent? Protection of the Polar Bear Under the Endangered Species Act and Regulation of Greenhouse Gas Emissions from Stationary Sources,” Bloomberg Corporate Law Journal, Summer 2008 (Matt Paulson and Steve McMillen, co-authors)
- Developer’s Guide to Endangered Species Regulation, chapter author and principal editor, Home Builder Press, 1996