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Jeremy C. Marwell
Jeremy C. Marwell
Partner — Appellate
Partner — Appellate

Jeremy C. Marwell

Jeremy C. Marwell
Washington

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

Jeremy C. Marwell

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

  • (1st Cir.); (D. Mass) – Secured affirmance of district court order holding that federal preemption prevented the application of a municipal ordinance to a federally approved natural gas pipeline compressor station

  • Successfully represented Japanese publicly traded company before CFIUS in acquisition of oil and gas exploration and production company

  • Successfully represented company controlled by Canadian pension fund before CFIUS in acquisition of U.S. oil and gas assets

  • Provide advice to several major private equity firms about CFIUS issues related to foreign investment in businesses and recent CFIUS reforms

  • (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

  • (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 

  • Represented Chinese company before CFIUS in proposed acquisition of IP security camera manufacture

  • Successfully represented German public company before CFIUS in acquisition of U.S. software business holding national-security classified contracts

  • Successfully represented Chinese state-owned enterprise before CFIUS in acquisition of a petrochemical logistics business

  • Successfully represented Chinese privately held company before CFIUS in acquisition of oil and gas leases and producing wells

  • Successfully represented foreign government-controlled company before CFIUS in acquisition of U.S. exploration, development, and production business

  • Successfully represented U.S. satellite manufacturer before CFIUS in its sale to a Canadian entity

  • Successfully represented The Shaw Group before CFIUS in connection with its $3 billion sale to Chicago Bridge & Iron

  • Successfully represented U.S. oilfield services business before CFIUS in sale to foreign public company

  • Successfully represented subsidiary of U.S. public company as consortium member with several foreign pension and sovereign wealth funds acquiring petroleum pipeline

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
  • Law360, MVP, 2018
  • Legal 500 U.S., Dispute Resolution: Appellate (Supreme Court), 2017-2020
  • 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), 2021
  • 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, Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits
  • “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