People

Scott Novak
R. Scott Novak
Senior Associate

Overview

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.

Admissions & Affiliations

  • District of Columbia Bar
  • United States Courts of Appeals for the Fourth, Ninth, Eleventh, and District of Columbia Circuits
  • United States District Court for the District of Colorado
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • Board Member of the District of Columbia LGBTQ+ Bar Association
  • American Bar Association Section of Environment, Energy, and Resources - Climate Change Committee Year In Review Vice Chair

Education

  • J.D., Georgetown University Law Center 2020
    magna cum laude
    Executive Editor, The Georgetown Environmental Law Review
    Order of the Coif
  • M.Phil, International Relations & Politics, University of Cambridge 2017
  • B.A., International Relations & Philosophy, Rollins College 2016
    summa cum laude

Experience

Litigation

  • Representing numerous building, construction, and restaurant trade associations and utilities in Energy Policy and Conservation Act litigation in multiple jurisdictions.
  • Representing broad coalition of businesses, labor groups, and trade associations in challenge to Oregon’s Climate Protection Program.
  • Representing utility company in alleged “greenwashing” lawsuit and utility commission proceedings.
  • Representing gas utility in challenge to Oregon Public Utility Commission order regarding line extension allowance policy.
  • Representing electric utilities in federal appeal of the Bonneville Power Administration’s 2026 Residential Purchase and Sale Agreement.
  • Represented utility companies in a successful challenge to Oregon’s first-of-its-kind state-wide program capping natural gas sales to homes and businesses in Oregon [Northwest Natural Gas Company v. Environmental Quality Commission, 329 Or. App. 648 (2023)].
  • Defeated state prison’s motion for summary judgment and negotiated $75,000 gender-affirming medical claims settlement for client.
  • Won two preliminary injunction motions for clients being denied gender-affirming medical care by state prisons.
  • Negotiated family law settlement maintaining client's custody of the child.

Regulatory Advocacy & Compliance

  • Representing gas utility in climate and energy planning utility commission proceedings in the District of Columbia and Maryland.
  • Manager of the Gas Infrastructure Coalition, a regulatory monitoring utility group focused on emerging gas developments and next generation technologies.
  • Advise multiple companies on regulatory and compliance strategies regarding state cap-and-trade and low-carbon fuel standard programs.
  • Monitor developments in the renewable energy sector for the Cross-Cutting Issues Group, a regulatory monitoring utility group that focuses primarily on water, wildlife and waste issues affecting the power sector.
  • Counsel Fortune 500 company on state Extended Producer Responsibility laws and litigation developments.
  • Counsel waste management company on Mercury Export Ban Act requirements.
  • Review companies’ environmental marketing statements for compliance with state and federal law.
  • Formulated environmental justice strategy for utility company.
  • Lead associate drafter of EPA petition for rulemaking to regulate hazardous solar panels as universal waste under the Resource Conservation and Recovery Act to incentivize end-of-life recycling. EPA is actively working on a proposal in response to this petition.
  • Participated in corporate monitorship of world's largest cruise line company.