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Jeremy C. Marwell

Jeremy C. Marwell Partner, Appellate

Jeremy is an appellate litigator, with a focus on constitutional and administrative law, including environmental and pipeline litigation. His practice involves both civil and criminal matters in the Supreme Court, 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 in state and federal trial and appellate courts. He has particular experience in constitutional, administrative, environmental and tax law, energy issues, complex commercial litigation, the False Claims Act, and trial and appellate litigation involving the Natural Gas Act.

Jeremy also maintains an active practice before the Committee on Foreign Investment in the United States (CFIUS), including a broad range of current issues, such as cyber security protections for the energy grid, nuclear energy, dual-use technology, satellites, exploration and production investments, and acquisitions by foreign state-owned enterprises of energy infrastructure and businesses.

Experience Highlights

  • (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 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
  • (D.C. Cir. ) – Briefed and argued case in district and circuit court, successfully obtaining and then defending dismissal of claims that FERC’s statutory funding structure violated due process by, among other things, creating bias in favor of approving new pipeline projects
  • (D.C. Cir.) — Drafted brief successfully arguing that petitioners lacked standing to challenge Federal Energy Regulatory Commission certification of a natural gas pipeline
  • (3d Cir.) – Briefed and argued appeal successfully obtaining partial reversal of district court opinion dismissing as unripe constitutional challenges to Delaware’s unclaimed property laws 
  • (D. Mass.) — Drafted briefs and presented oral argument, successfully obtaining dismissal of lawsuit brought by municipality attempting to enjoin construction of federally approved interstate natural gas pipeline
  • (D. Mass.) – Drafted briefs and presented oral argument, successfully arguing that Natural Gas Act preempts municipal ordinance that would have prohibited construction of FERC-approved natural gas compressor station; town’s appeal is currently pending in the First Circuit
  • (Nev.) — Successfully briefed and presented oral argument to the en banc Nevada Supreme Court defending the constitutionality of conflict of interest rules governing state officials
  • (5th Cir.) — Drafted court of appeals briefs, successfully obtaining reversal of a Tax Court decision and rendition of judgment in favor of estate, for fractional ownership discounts applicable to works of fine art
  • (D.C. Cir.) — Drafted briefs successfully arguing that internal investigation documents generated under a corporate compliance program were protected by attorney-client privilege, winning mandamus of a district court decision ordering disclosure 
  • (5th Cir.) — Drafted  briefs successfully arguing that the federal government does not “provide” statutorily mandated telecom-company universal-service contributions within the meaning of the False Claims Act, winning reversal of the district court’s denial of motion to dismiss 
  • (U.S.) — Drafted briefs successfully arguing that the Wartime Suspension of Limitations Act does not toll the statute of limitations in civil False Claims Act cases; persuaded the Supreme Court to grant review on the issue despite the absence of a circuit split and after the United States, in a Court-invited amicus brief, argued that certiorari should be denied
  • (W.D. Pa.); (3d. Cir.) — Drafted briefs in district court and court of appeals obtaining dismissal of enforcement action brought by the EPA and several states under the Clean Air Act seeking to require the former owners of a coal-fired power plant to pay for the installation of billion-dollar pollution controls; the court of appeals affirmed and denied EPA and states’ petitions for rehearing en banc

Other Representative Experience

  • (D.C. Cir.) — Appointed by the D.C. Circuit as amicus curiae to brief and present oral argument on issues related to timeliness of notice of appeal and validity of criminal restitution order; commended by the court for providing “outstanding representation . . . in this difficult case”
  • (11th Cir.) — Drafted briefs successfully arguing that a foundry that had settled its liability with EPA was not subject to a private party’s cost recovery action under § 107 of CERCLA
  • (10th Cir.) — Briefed and presented oral argument to the Tenth Circuit in a criminal appeal, applying novel standard for aiding-and-abetting liability under 18 U.S.C. § 924(c), on remand from the Supreme Court of the United States 

Contact Details


T +1.202.639.6507
F +1.202.879.8997
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
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Jeremy's Practices

  • 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)
  • Admitted to practice: New York; District of Columbia; Supreme Court of the United States; United States Courts of Appeals for First, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits
    • 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
      • Law360, MVP, 2018
      • Legal 500 U.S., Dispute Resolution: Appellate (Supreme Court), 2017−2019
      • 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
      • Adviser: University of Virginia School of Law Supreme Court Litigation Clinic
      • Edward Coke Appellate Inn of Court