James Dawson

(S.D.Tex.); (FERC) – Secured 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

(EPA) – Successfully persuaded the EPA to terminate notice of proposed debarment against midstream energy company; client was immediately restored to eligibility for federal procurement without any sanction and without any administrative agreement

(D.D.C.) – Successfully moved to dismiss lawsuit challenging ongoing operation of a major interstate oil pipeline

(5th Cir.); (S.D. Tex.) – Successfully defended 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

(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.) – Successfully defended 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

(Ohio Ct. App.) – Representing interstate pipeline company in ongoing dispute involving whether certain state regulatory powers were waived or preempted by federal law

(9th Cir.) – Principal drafter of appellate brief on behalf of electric-utility trade association that successfully defended FERC rulemaking that overhauled PURPA implementing regulations governing integration and incentives for renewable energy projects

(D.C. Cir.) – Successfully defended FERC authorization for proposed LNG terminal and feeder pipeline against NEPA supplementation, segmentation, cumulative impacts, and alternatives arguments

(5th Cir.) – Drafted appellate brief in case 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

(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

(Del.) – Principal drafter of successful appellate brief in a dispute concerning purported breaches of a wind-farming contract; secured 5-0 “reverse and render” decision from the Delaware Supreme Court

(U.S.); (D.C. Cir.); (D.D.C.) – Successfully defended dismissal of a lawsuit brought by landowners pursuing structural constitutional challenges to the Natural Gas Act’s pipeline certification process and eminent domain authority

(D.C. Cir.) – Successfully defended FERC authorization for natural gas pipeline project, including conversion of dual use (oil/gas) to natural gas

(FERC) – Principal drafter of a successful opposition to a petition for declaratory order in a dispute involving a state regulatory agency’s assessment of “network upgrade fees” in connection with the development of qualifying facilities under PURPA

(E.D. Tex.) – Obtained denial of preliminary injunction, successfully defending against environmental and landowner challenges to the construction of a pipeline connecting to the largest refinery in North America

(D.C. Cir.); (Md.); (FERC) — Represented major energy company in state and federal proceedings concerning a Clean Water Act certification for a hydroelectric facility

(Tex.) – Obtained ruling that plaintiffs failed to plead a viable negligent-undertaking claim against private equity investors in suit arising out of explosions on a portfolio company’s premises

(6th Cir.) – Principal drafter of appellate brief in dispute concerning judicial sanctions and breaches of commercial contracts, resulting in favorable settlement of appeal prior to oral argument

(7th Cir.); (N.D. Ill.) – Represented major telecommunications company in trial and appellate proceedings concerning purported antitrust liabilities

(U.S.) – Lead associate in successful U.S. Supreme Court merits appeal concerning statute of limitations for refiling state-court claims dismissed by a federal court exercising supplemental jurisdiction

(U.S.) – Lead associate in successful U.S. Supreme Court merits appeal concerning constitutionality of “revocation on divorce” statutes applicable to life-insurance policies

(U.S.) – Lead associate in U.S. Supreme Court merits appeal concerning legality of tax credit-funded scholarships to fund school choice programs

(U.S.) – Member of briefing team in successful U.S. Supreme Court merits appeal concerning statute of limitations for SEC disgorgement proceedings

Represented music companies in a variety of commercial disputes against operators of music services

(S.D. III.) – In case concerning prison conditions, briefed and argued successful motion for spoliation sanctions, which was based on information uncovered during James’s depositions of the prison’s warden and litigation coordinator

(Ill. Ct. App.) – Member of briefing team for appeal in which the court granted our client’s motion to vacate his conviction on the basis of junk arson science; client was ordered released from prison the day after the appellate brief was filed, after serving more than twenty years behind bars

(7th Cir.) – Represented inmate in appeal concerning officers’ failure to protect client from an assault by other inmates; brokered favorable five-figure settlement with defendants prior to oral argument

(Tex. Crim. App.); (Tex. App. – Fort Worth) – Filed multiple amicus curiae briefs in high-profile case challenging a conviction for purported “illegal voting;” obtained ruling from the Texas Court of Criminal appeals reversing lower court on issues related to the statute’s mens rea requirement; client was acquitted of all charges on remand

(Tex.) – Principal author of amicus curiae brief successfully supporting a writ of mandamus in a case involving compensation owed by the State of Texas to a former prisoner found innocent of the crime for which he was convicted

(U.S.); (5th Cir.) – Drafted appellate briefs on behalf of federal prisoner pursuing a Bivens claim involving prison officials’ retaliation for the exercise of his First Amendment rights

(U.S.) – Filed cert. petition in case concerning legality of traffic stop initiated after officers suspected the Petitioner was violating state laws concerning texting while driving

(U.S.) – Filed cert. petition in case concerning right of Petitioner to appeal a conviction after he was erroneously advised by the trial court that he was not waiving his appellate rights