People

Overview

Mark Talty, a member of the firm’s Environmental, Safety and Incident Response group, spent nearly a decade working in the Office of General Counsel at the U.S. Environmental Protection Agency (EPA). Drawing upon his invaluable government experience, Mark advises clients facing complex environmental challenges and assists them at every step of the regulatory process through regulatory advocacy, compliance counseling, and litigation. He assists companies and national trade associations across the manufacturing, chemical processing, landfills, and energy sectors, including extensive work on renewable fuels.

During his time at the EPA, Mark counseled program staff and senior leadership in the development of regulations and policies with agency-wide scope and significant external impact across each of the Agency's substantive statutes. He also worked closely with the Department of Justice, including the Office of the Solicitor General (OSG), in challenges to EPA actions and in high-profile litigation with EPA equities.

In addition to his service at the EPA, Mark previously served as an Assistant Attorney General in the Office of the Maryland Attorney General. In this role, he represented the Maryland Department of Natural Resources (DNR) and the Maryland Critical Area Commission in litigation before administrative boards and Maryland state courts, as well as advised on enforcement and compliance requirements of environmental land-use and natural resource laws.

Admissions & Affiliations

  • District of Columbia Bar
  • Maryland State Bar

Education

  • J.D., University of Baltimore School of Law 2009
    magna cum laude
    Associate Editor,University of Baltimore Law Forum
  • B.S., Political Science, Northeastern University 2006
    summa cum laude
    Phi Kappa Phi

Experience

  • Representing national trade association in challenges to EPA actions under the Clean Air Act's Renewable Fuels Standard (RFS).
  • Drafting comments for renewable fuels producers on various RFS rulemakings.
  • Representing national trade association in challenges to EPA actions impacting the landfills sector.
  • Advising upstream oil and gas producers on compliance with Greenhouse Gas Reporting Program and New Source Performance Standards.
  • Assisting global technology and engineering company in its management and cleanup of legacy sites.

While at EPA

  • Addressed administrative law issues in EPA actions under the Clean Air Act’s Renewable Fuel Standard (RFS) program, including: EPA’s denial of petitions for small refinery exemptions in April and June of 2022; EPA’s proposed framework governing the generation of RINs from renewable electricity produced from biogas (eRIN framework); and the development and defense of highly technical guidance addressing how ethanol producers can register under the RFS program to produce cellulosic ethanol from corn kernel fiber.
  • Assisted in the drafting and defense of EPA’s 2017 memorandum entitled “Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” (commonly referred to as the “Major MACT to Area” or MM2A memo).
  • In the wake of West Virginia v. EPA, 142 S. Ct. 2587 (2022), developed the Agency’s approach to identifying and mitigating legal risk posed by the major questions doctrine; assisted in the defense of several EPA actions against major questions doctrine-based challenges, including the challenge to EPA’s revised greenhouse gas emission standards for passenger vehicles and light trucks for model year (MY) 2023 through 2026.
  • Served as EPA’s lead attorney in coordinating with the Office of Solicitor General during the briefing and argument of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, both of which sought to overrule Chevron deference.

Awards and Community

EPA General Counsel's Award for Exceptional Legal Counseling, 2020