Michelle-Ann focuses her practice on regulatory, compliance, litigation, and enforcement matters—she utilizes her experience as a former US Department of Justice attorney to support clients in navigating federal agency programs, operations, and regulatory developments.
Michelle-Ann advises clients, including state agencies, electric utilities, and other energy companies, on environmental permitting and siting matters, regulatory compliance, and litigation under the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Clean Water Act (CWA), and other federal environmental statutes and regulations. She provides counsel on litigation risk and changing precedents, and devises litigation strategies to include consideration of novel issues, such as environmental justice. Michelle-Ann also has experience advocating for clients by drafting comments on administrative rulemakings and engaging with federal agencies on the development of key policies.
Prior to joining the firm, Michelle-Ann served as a Trial Attorney in the US Department of Justice for approximately seven years, leading the defense of challenges to the Department of the Interior’s oil, gas, and coal programs, including Interior’s analyses of impacts on climate change under NEPA. Michelle-Ann provided compliance and litigation guidance to agencies including the Bureau of Land Management, Office of Surface Management, Reclamation and Enforcement, and the Office of Natural Resources and Revenue, on statutes including NEPA, Surface Mining Control and Reclamation Act (SMCRA), Federal Land Policy Management Act (FLPMA), Federal Oil and Gas Royalty Management Act (FOGRMA), the Mineral Leasing Act (MLA), and the General Mining Law of 1872.
Michelle-Ann previously clerked at EPA’s Office of Enforcement and Compliance Assurance in the Waste and Chemicals Enforcement Division, where she provided guidance on matters involving the Resource Conservation and Recovery Act.
Michelle-Ann also has experience working at the international level. Through her work as a Legal Specialist in the Organization of American States, she worked with Latin American and Caribbean countries on environmental law and policy issues, including energy, disaster risk management, climate change, and the implementation of multilateral environmental agreements.
Representative Experience
- Represents a retail and consumer products manufacturer in class action suit alleging unlawful releases of ethanol onto a neighboring property.
- Represents mineral rights owner in a challenge alleging Administrative Procedure Act (APA), NEPA, ESA, and National Park Service (NPS) regulation violations against an NPS approval of a 3D seismic geophysical survey in a National Preserve.
- Advises a large multinational oil and gas company regarding compliance with Endangered Species Act consultation and permitting obligations triggered by time-sensitive PHMSA operations and maintenance requirements.
- Represents agricultural manufacturing company in a new EPA and State investigation into a release of hazardous substances and defense of potential exposure of products for treated waste shipped to the plant.
- Represents multinational oil and gas company in climate change litigation in California, in claims by cities and counties that our client, along with other oil and gas companies, is liable under state common law nuisance and product liability theories.
