Representative Matters

  • State of North Dakota.  We secured a unanimous ruling for the State of North Dakota from the United States Court of Appeals for the District of Columbia Circuit allowing the design of a $250 million water treatment plant to proceed. In an important ruling of first impression, the court held that completion of the decision-making process under NEPA constitutes a changed circumstance under Rule 60(b)(5) where an injunction was issued based on a prior NEPA review that was found to be legally deficient.
  • Washington Union Station. B&D serves as lead environmental counsel to assist with NEPA and Section 106 reviews for the Union Station 2nd Century Project, a large-scale expansion and modernization of the Union Station site, the second busiest rail station in the Northeast corridor.  This project will transform both the functioning and operation of DC’s historic Union Station and facilitate development of this multi-modal regional transportation hub and the surrounding area, including existing and planned Metrorail.  On behalf of project proponent Union Station Redevelopment Corporation, B&D is working closely with over a dozen federal and local agencies, including project proponent Amtrak and the lead federal agency, the Federal Railroad Administration (FRA), in preparing environmental and historic preservation documents as well as preparing for possible litigation once the FRA issues a Record of Decision.
  • Los Angeles Metropolitan Transit Authority (LA Metro). We advise LA Metro on transportation projects in this highly political and mobility-focused area.  We work with federal, state, and local agencies and the public to help avoid and resolve potential project issues.  B&D has advised on critical issues with the environmental review process for such projects as the 710 North, 710 South, 605, and 110 freeways, for example.
  • Maryland Purple Line. This multi-billion dollar, 21-station project entails building a light-rail transit line between Bethesda and New Carrollton, linking four Metrorail stations, two large downtowns, and the main campus of the University of Maryland.  We are working with the contractor entity on a variety of general environmental matters in implementing this first P3 transit project in the State of Maryland.  B&D also worked with a leading national transportation industry association in filing an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in NEPA litigation challenging the project.  We coordinated closely with the Maryland Department of Transportation, U.S. Department of Transportation (USDOT), and regional agencies in defending the project.  The D.C. Circuit ultimately dismissed the challenge to the project.
  • Norfolk Southern Railroad Bridge Replacement. The Firm represented Norfolk Southern Railroad in a matter involving the replacement of an 1875 railroad bridge spanning portions of a state park near Rochester, New York.  The bridge is a vital link in the upstate railroad system, connecting the western and eastern portions of the State.  Among the issues B&D handled for the Railroad were historic preservation, NEPA/State Environmental Quality Review Act (SEQR) environmental review, and other regulatory approvals.  B&D’s representation included coordinating with and obtaining approvals from the lead state agency, the New York State Office of Parks, Recreation, and Historic Preservation.  The project was placed on hold due to the merger of portions of Conrail into the Norfolk Southern system. 
  • Florida Department of Transportation NEPA Assignment. We assisted the Florida Department of Transportation in obtaining assignment of NEPA review and related environmental permitting responsibilities for highway projects from the U.S. Secretary of Transportation pursuant authority conferred by Congress.  Florida became the fourth state in the country to successfully receive NEPA assignment.  
  • Maryland Intercounty Connector (ICC) Tolled Expressway. B&D served as the State of Maryland’s primary outside environmental counsel in successfully devising, implementing, and defending a strategy for FHWA approval of this highly controversial 18-mile new highway linking I-95 and I-270 in Maryland.  After two prior EIS efforts had failed, B&D was brought in to re-fashion the project strategy and to help lead the effort, which moved the proposal past the Draft EIS stage for the first time, and resulted in a positive Record of Decision.  The Firm worked hand-in-hand with the Maryland State Highway Administration and its team of consultants, as well as FHWA headquarters and the Department of Justice in DC, and two dozen federal, state, and local agencies, to prepare the Draft and Final EISs and to create an administrative record that could withstand the expected legal challenges.  B&D then crafted the successful defense of these documents in federal court against claims under NEPA, Section 4(f) of the Department of Transportation Act, CWA Section 404, and the CAA, brought by local and national environmental groups.  The ICC expressway (MD 200) opened in 2011.
  • I-66, Virginia. We advised the Virginia Department of Transportation during the NEPA review of this project to expand and transform service on I-66 between Haymarket and I-495.  The FHWA issued a Finding of No Significant Impact under NEPA in 2016.  Construction began in Fall 2017.  We continue to do work related to this project.
  • Caithness Long Island, LLC.  Caithness developed the first baseload power plant on Long Island in over four decades.  B&D represented the client in relation to the SEQR requirements for the project, and in securing all state, county and local permits including local land use, air permit, State Pollutant Discharge Elimination System approval, Public Service Law Certifications for generation and transmission, and related County and Municipal approvals.  Based on the record developed for the project’s permits and environmental review, we successfully defended the client in five lawsuits.  The project is now operational. 
  • Capital One Arena.  We defended the NEPA compliance for the development of the Capital One Arena (at the time, the MCI Center) in downtown Washington, D.C. The Draft EIS for the project, for which we provided strategic oversight, was one of the few in the country to receive a "Lack of Objection" rating from EPA. We also successfully negotiated the Memorandum of Agreement associated with impacts to historic resources in the vicinity of the arena.
  • Wilson Bridge.  We served as counsel to the City of Alexandria, Virginia in its challenge to the Federal Highway Administration's EIS for the Woodrow Wilson Bridge Improvement Project. We assessed the agency's NEPA compliance, as well as its related work under Section 106 of the National Historic Preservation Act, Section 4(f) of the Transportation Act and Clean Air Act conformity requirements. Our litigation led to a very favorable settlement between the City and the federal government.
  • Represented a multinational mining company in its efforts to secure an important land exchange in Arizona with the Bureau of Land Management. We played an important role in the preparation of the Final EIS and in defending litigation brought by local environmental organizations before the Department of the Interior Board of Land Appeals. Once again, all challenges to the EIS and related analysis of the land exchange were rejected and our client has since obtained title to valuable property adjacent to its existing mining operations in Arizona.
  • We defended the County of Nassau, New York in SEQRA federal and state court litigation which affirmed the right of the County of Nassau to ship the sewage sludge from its publicly owned treatment works for out-of-state disposal.
  • We served as counsel to a working group of telecommunications companies on CEQA compliance strategies for California.