Jeremy C. Marwell

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, D.C. 20037

Jeremy is an appellate litigator, with a focus on constitutional and administrative law, including environmental, energy, and infrastructure-related litigation. His practice involves both civil and criminal matters in the Supreme Court of the United States, and federal and state appellate and trial courts, as well as regulatory and legal counseling.
Before joining the firm, he served in the Office of Legal Counsel at the U.S. Department of Justice, where he provided legal advice and analysis to the White House and federal agencies on a wide range of constitutional and statutory issues. Jeremy has authored dozens of appellate and trial briefs in federal and state court, and at the certiorari and merits stages in the Supreme Court of the United States; and has presented oral argument more than 30 times in trial and appellate courts, including in a majority of federal circuit courts and the Supreme Court of the United States. He has particular experience in constitutional, administrative, environmental and tax law, energy issues, complex commercial litigation, the False Claims Act, and litigation involving the Natural Gas Act and Federal Power Act.
Jeremy serves as Practice Group Leader of V&E’s Appellate group.
Experience Highlights
(U.S.) — Briefed and argued a case in the Supreme Court of the United States involving federal sentencing enhancement
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC decision declining to halt construction of an interconnection between an LNG facility and a group of temporary electricity generation units used to bolster local electric grid in Puerto Rico
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC order authorizing construction and operation of one of the largest-capacity border-crossing pipelines in the United States
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC decision to grant extension of time for construction of natural gas pipeline
(S.D. Tex.); (FERC) – Argued motions hearing successfully securing judicial stay of FERC administrative enforcement action on the ground that it violated the Seventh Amendment; following stay, FERC settled the underlying in-house proceeding on favorable terms
(U.S.); (D.C. Cir.); (FERC) – Briefed and argued appeal in the D.C. Circuit for electric-utility trade association and individual electric utility in challenge to FERC order governing the standard for determining when a solar project constitutes a “qualifying facility” under the Public Utilities Regulatory Policies Act of 1978 (“PURPA”)
(Ct. App. – Va.) – Successfully briefed and argued appeal for local natural gas distribution company on appeal of a favorable trial court ruling striking down an adverse county zoning board decision that would have impacted company’s ability to maintain its distribution system; successfully opposed a stay pending review of the trial court’s ruling
(5th Cir.); (S.D. Tex.) – Briefed and argued appeal successfully defending U.S. Army Corps of Engineers permitting against NEPA and Clean Water Act challenges brought in federal court to stop dock expansion at an existing marine terminal; favorable summary-judgment order was unanimously affirmed in published, precedent-setting opinion from the Fifth Circuit
(9th Cir.) – Successfully briefed and argued Ninth Circuit appeal on behalf of electric-utility trade association defending FERC rulemaking that overhauled PURPA implementing regulations governing integration and incentives for renewable energy projects
(D.D.C.); (D.C. Cir.) – Briefed and argued appeal successfully defending dismissal of a lawsuit brought by landowners pursuing non-delegation and other challenges to the Natural Gas Act’s pipeline certification process and eminent domain authority
(U.S.); (4th Cir.); (D.C. Cir.) – Successfully helped infrastructure client draft legislation ratifying and ending litigation over environmental and other permits for multi-billion-dollar infrastructure project; helped successfully defend legislation against subsequent constitutional challenges by project opponents
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC authorizations for greenfield natural gas pipeline, in case presenting important questions regarding FERC’s calculation of initial pipeline recourse rates, and FERC’s obligations under the National Environmental Policy Act to analyze and consider mitigation for potential environmental effects of pipeline construction, including sedimentation
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC’s decisions to extend the deadline for completing construction of a compressor station for a natural gas infrastructure project and authorizing the station to be placed into service
(5th Cir.) – Briefed and argued appeal successfully defending Clean Water Act permit for LNG export facility and associated pipeline; environmental groups had argued that the U.S. Army Corps of Engineers did not approve the least environmentally damaging practicable alternative and that the Corps improperly evaluated pipeline construction impacts and mitigation efforts
(5th Cir.) – Briefed and argued appeal successfully defending against challenge to a biological opinion issued by the U.S. Fish & Wildlife Service in connection with the development of a proposed LNG terminal and feeder pipeline
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC approval of $1 billion interstate natural gas pipeline project; case involves claims by elected state officials and affected residents that FERC failed to consider safety risks for residential neighborhoods, and wrongly rejected alternatives to the project
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC authorization for natural gas pipeline project, including conversion of dual use (oil/gas) to natural gas
(1st Cir.) – Briefed and argued appeal successfully defending air permit for natural gas pipeline compressor station against numerous Clean Air Act and state-law challenges; successfully argued against vacatur of permit on one issue where Court concluded additional analysis by state agency was needed, and then successfully defended agency’s reaffirmance of air permit in subsequent post-remand appeal
(D.C. Cir.) – Briefed and argued appeal successfully defending FERC approval of natural gas border-crossing pipeline facility; environmental group had challenged the scope of FERC’s jurisdiction under Sections 3 and 7 of the Natural Gas Act over related intrastate pipeline
(5th Cir.) – In pending case, representing owner of a nuclear power plant in challenging FERC orders preventing it from supplying power to on-site data centers on a behind-the-meter basis
(4th Cir.) – In pending appeal, representing developer of proposed new electric transmission line in challenge to FERC regulation on transmission planning and cost allocation
(D.C. Cir.) – Representing oil pipeline company in appeal from FERC proceeding in which shippers challenged rates for transportation service
(Cal. S.Ct.); (Cal. App.) – Counsel for investor-owned utility challenging a Public Utilities Commission order unlawfully regulating its compensation and incentives under statute for continuing operation of the utility’s nuclear power plant for grid reliability and energy transition purposes
(U.S.); (11th Cir.) – Assisted in successful defense on appeal of quarter-billion-dollar international arbitration award; lead counsel for brief in opposition in the U.S. Supreme Court, which denied our opponents’ petition for a writ of certiorari filed by a former U.S. Solicitor General
(U.S.) – Represented respondent in defending dismissal, obtained based on lack of subject-matter jurisdiction, in U.S. antitrust litigation affirmed by the Eleventh Circuit; opponent’s cert. petition denied by the U.S. Supreme Court
(U.S.) – Represented respondent defending favorable ruling from Eleventh Circuit that two United Mine Workers of America funds could not recover Coal Act liabilities because they had been discharged in a prior bankruptcy; adversary’s petition before the U.S. Supreme Court was denied
(U.S.); (5th Cir.) – Obtained affirmance of motion to dismiss in lawsuit challenging imposition of harbor dues to finance the costs of a billion-dollar project designed to deepen the nation’s leading hydrocarbon shipping channel; the U.S. Supreme Court denied our opponents’ petition for a writ of certiorari filed by former Acting U.S. Solicitor General
(D.C. Cir.) – Successfully persuaded FERC to terminate a novel order that effectively reopened the certificate order authorizing the construction and operation of a natural gas pipeline compressor station; FERC ultimately took no adverse action with respect to the compressor station
(D.C. Cir.) – Successfully defended against challenges to a FERC order approving design changes for LNG terminal
(5th Cir.) – Successfully obtained ripeness dismissal of appellate challenge to a Clean Water Act permit issued by the U.S. Army Corps of Engineers for a proposed LNG terminal and feeder pipeline
(D.C. Cir.) – Successfully defended FERC authorization for proposed LNG terminal and feeder pipeline against NEPA supplementation, segmentation, cumulative impacts, and alternatives arguments
Credentials
- New York University School of Law, J.D. magna cum laude, 2006 (Senior Articles Editor, New York University Law Review; Order of the Coif)
- University of Cambridge, M.Phil., Historical Studies first-class honors, 2001 (Paul Mellon Fellowship)
- Yale University, B.S., Chemistry and History summa cum laude, 1999 (Phi Beta Kappa)
- Law clerk to Associate Justice Sonia Sotomayor, Supreme Court of the United States, 2009–2010
- Office of Legal Counsel, U.S. Department of Justice, Washington D.C., Attorney-Adviser, 2007–2009
- Law clerk to Judge Stephen F. Williams, U.S. Court of Appeals for the District of Columbia Circuit, 2006–2007
- Chambers USA, Appellate Law (Nationwide), 2025
- Law360, MVP, 2018
- Legal 500 U.S., Dispute Resolution: Appellate, 2017–2025; Environment: Regulatory, 2021; Energy Litigation: Oil & Gas, 2023 and 2025
- Law360, Rising Star, 2015
- Work recognized in Financial Times’ feature, Most Innovative North American Law Firms, 2015
- Selected to the Washington DC Rising Stars list, Super Lawyers (Thomson Reuters), 2013−2017
- The Best Lawyers in America©(BL Rankings, LLC), Appellate Practice (Washington), 2021–2026
- Adviser: University of Virginia School of Law Supreme Court Litigation Clinic
- Edward Coke Appellate Inn of Court
- New York
- District of Columbia
- Supreme Court of the United States
- United States Courts of Appeals for First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits
- InsightDecember 15, 2025
V&E Artificial Intelligence Update
- InsightDecember 1, 2025
V&E CFIUS Update
- InsightNovember 6, 2025
V&E Supreme Court Update
- Event RecapSeptember 17, 2025
- InsightAugust 26, 2025
V&E Supreme Court Update
Published by Westlaw Today, Thomson Reuters, October 2025
- Rankings & AwardsAugust 21, 2025
- Rankings & AwardsJune 11, 2025
- Rankings & AwardsJune 5, 2025
- InsightMay 30, 2025
V&E Supreme Court Update
- InsightMarch 27, 2025
V&E CTA Update
- InsightMarch 6, 2025
V&E CTA Update
- InsightFebruary 21, 2025
V&E CTA Update
- InsightJanuary 29, 2025
V&E Energy Update
- InsightJanuary 28, 2025
V&E CTA Update
- InsightJanuary 8, 2025
V&E Environmental Update
- InsightDecember 30, 2024
V&E CTA Update
- Event RecapNovember 19, 2024
- Event RecapNovember 14, 2024
- Event RecapNovember 7, 2024
- Deals & CasesOctober 1, 2024
- Deals & CasesAugust 21, 2024
- Event RecapJuly 11, 2024
- Rankings & AwardsJune 12, 2024
- InsightMay 30, 2024
V&E Environmental Update
- InsightMarch 12, 2024
V&E CTA Update
- InsightNovember 30, 2023
V&E Energy Update
- InsightSeptember 6, 2023
V&E Environmental Update
- Rankings & AwardsSeptember 1, 2023
- Deals & CasesAugust 25, 2023
- Rankings & AwardsAugust 21, 2023
- InsightAugust 1, 2023
- Rankings & AwardsJune 12, 2023
- InsightMay 30, 2023
- InsightJanuary 18, 2023
- InsightJanuary 10, 2023
- Deals & CasesSeptember 20, 2022
- Deals & CasesSeptember 15, 2021
- “UT Law Conference on State Federal Appeals,” June 21, 2019 (speaker)
- “Pipelines Wars: The Battles Over Gas Infrastructure Development,” NYU School of Law, February 6, 2018 (speaker)
- “Proposed Bipartisan Legislation Expands CFIUS Jurisdiction and Creates a Focus on Dual-Use and Emerging Technologies,” V&E CFIUS Update E-communication, November 10, 2017 (co-author)
- “President Blocks Proposed Acquisition of U.S. Semiconductor Manufacturer by U.S. Equity Fund Backed by Chinese-State Owned Entities,” V&E CFIUS Update E-communication, September 29, 2017 (author)
- “Trump Administration Acts to Reduce Regulations and Control Regulatory Costs,” V&E Environmental Law Update E-communication, February 9, 2017 (co-author)
- “High Court Overturns EPA Air Toxic Rule for Coal-Fired Power Plants,” V&E Environmental Law Update E-communication, June 30, 2015 (co-author)
- “Overcoming NEPA Challenges to Fracking Rules in the Delaware River Basin,” Bloomberg BNA Daily Environment Report, 2012 (co-author)
- “Blocking Ore. Wind Farms: Overstepping Authority?,” Law360, October 22, 2012 (co-author)
- “FCC, Fox, and That Other F-Word,”Cato Supreme Court Review, 2011–2012 (co-author)
- “Chinese Energy Developer Sues Committee on Foreign Investment in the United States (CFIUS) for Blocking Oregon Wind-Farm Investment on National Security Grounds,” V&E CFIUS and National Security Review E-communication, September 17, 2012
- “D.C. District Court Overturns EPA Final Clean Water Act Guidance on Appalachian Surface Coal Mining Operations,” V&E Environmental Law Update E-communication, August 6, 2012 (co-author)
- “Litigation Challenging EPA Greenhouse Gas Regulations: D.C. Circuit Oral Argument Preview,” V&E Climate Change Report, February 10, 2012, Issue 17
- “Federal Court Dismisses Clean Air Act Suit Against Current and Former Plant Owners,” V&E Environmental Law Update E-communication, October 18, 2011 (co-author)
- “Overview of Litigation Challenging EPA’s Greenhouse Gas Regulations,” Vol. 10, No. 3, The Section of Litigation Energy Litigation Committee, American Bar Association, Summer 2011
- “Overview of Litigation Challenging EPA Greenhouse Gas Regulations,” V&E Climate Change Report, February 21, 2011, Issue 14
- Trade and Morality, 80 N.Y.U. L. Rev. 802, 2006
News & Insights
V&E Artificial Intelligence Update
V&E CFIUS Update
V&E Supreme Court Update