Scott Novak advises companies on litigation, regulatory advocacy, and compliance matters, focusing on the intersection of environmental law and energy policy. His practice encompasses litigation in state and federal court, proceedings before public utility commissions, and agency rulemakings.
Environmental and Energy Litigation
Scott represents companies and trade associations in complex litigation arising from environmental, energy, and utility regulation. He has first-chair experience in both state and federal court and develops matters from early administrative record-building to dispositive motions and appeal.
Select recent matters include representing a broad coalition of businesses, labor organizations, and trade associations challenging Oregon's Climate Protection Program; representing building, construction, and restaurant trade associations and utilities in Energy Policy and Conservation Act litigation in multiple jurisdictions; defending a utility in litigation and commission proceedings involving alleged environmental marketing claims; and challenging an Oregon Public Utility Commission order concerning line extension allowances. Scott also represented utilities in the successful challenge to Oregon's original statewide program limiting natural gas sales to homes and businesses.
Regulatory Advocacy and Compliance
Scott helps businesses navigate rapidly evolving state and federal environmental, energy, and product-stewardship requirements. He regularly represents clients in agency rulemakings and public utility commission proceedings.
Select work includes advising companies on Oregon and Washington cap-and-trade programs; counseling a Fortune 500 company on state extended producer responsibility laws and related litigation developments; representing a utility in multiple commission climate and energy planning proceedings; and drafting a petition asking EPA to regulate certain end-of-life solar panels as universal waste under the Resource Conservation and Recovery Act.
Scott manages the Gas Infrastructure Coalition, a utility working group focused on emerging legal, regulatory, and technological developments affecting gas infrastructure. He also advises on renewable energy developments for the Cross-Cutting Issues Group, which is focused on renewable energy, water, wildlife, and waste developments affecting the power sector.
Additional Background
Prior to joining Baker Botts, Scott worked as a Fellow at the Georgetown Climate Center to assist states in developing the Transportation and Climate Initiative Program, a regional cap-and-invest policy for on-road transportation fuels.
Scott also maintains an active LGBTQ+ pro bono practice through the Baker Botts Pride in Action initiative and is co-host of the Environmental Evolutions podcast.
During law school, Scott advised multiple environmental non-profits as a student-attorney in the Institute for Public Representation's Environmental Clinic. He also served as a law clerk for the Environmental Enforcement Section of the U.S. Department of Justice - Environment and Natural Resources Division, the U.S. Office of Special Counsel, and the U.S. Senate Judiciary Committee.
Litigation
Regulatory Advocacy & Compliance