Paul’s litigation experience spans state and federal courts. He has litigated a number of matters concerning a variety of environmental statutes and involving takings, including a seminal U.S. Supreme Court case involving the power of agencies to impose monetary exactions in the land-use permit context (Koontz v. St. Johns River Water Management District).
Representative cases include:
- Representing a major supplier of industrial, medical, and specialty gases in a federal citizen-suit challenge under the Clean Water Act, resulting in a voluntary dismissal by the plaintiff and no liability for the company.
- Representing Michigan organizations as amici curiae in a case before the U.S. Supreme Court involving whether the EPA veto of a state-approved Clean Water Act Section 404 permit is judicially reviewable under the Administrative Procedure Act. Marquette County Road Commission v. Environmental Protection Agency.
- Representing the National Federation of Independent Business as amicus curiae in a case before the U.S. Supreme Court involving whether the Clean Water Act’s jurisdictional definition (“waters of the United States”) is—on its face or in light of controlling Court precedent—void for vagueness. Robertson v. United States.
- Representing a coalition of industry and trade organizations as amici curiae, at both the petition and merits stages, in a case before the U.S. Supreme Court involving whether the Endangered Species Act prohibits designation of private land as unoccupied critical habitat that is neither habitat nor essential to species conservation. Weyerhaeuser Co. v. U.S. Fish & Wildlife Service.
- Representing a major oil refinery on an NGO’s appeal from a trial court decision rejecting CEQA challenges to the refinery’s project, which resulted in a favorable published decision for the company. Rodeo Citizens Association v. County of Contra Costa, 22 Cal. App. 5th 214.
- Representing the Citizens’ Alliance for Property Rights as amicus curiae in support of a petition for writ of certiorari in the U.S. Supreme Court, seeking review of a California court of appeal decision holding that legislative exactions imposed in the land-use permit context are not subject to heightened scrutiny under the Takings Clause. 616 Croft Ave. LLC v. City of West Hollywood.
- Representing the Western Mining Alliance as amicus curiae in support of a petition for writ of certiorari in the U.S. Supreme Court seeking review of a California Supreme Court decision upholding, against a federal preemption claim, a ban on mining on federal lands. Rinehart v. People of California.
- Representing counties and state farm bureaus as amici curiae in support of a petition for a writ of certiorari in the U.S. Supreme Court seeking review of a Third Circuit decision upholding the EPA’s establishment of a Total Maximum Daily Load (TMDL) for the Chesapeake Bay watershed under the guise of the Clean Water Act. American Farm Bureau Federation v. U.S. Environmental Protection Agency, No. 15-599 (U.S.).
- Representing agricultural petitioners on a petition for writ of certiorari in the U.S. Supreme Court in cases involving Endangered Species Act (ESA) issues and judicial deference to agency interpretations. Stewart & Jasper Orchards, et al. v. Jewell, et al., No. 14-377 (U.S.).
- Representing a timber company in an Administrative Procedure Act challenge to the EPA’s designation of a creek as an impaired water under Section 303(d) of the Clean Water Act. Barnum Timber Co. v. EPA, 835 F. Supp. 2d 773 (2011) (ultimately settled).
- Representing a major recycling facility in the defense of state prosecution for, among other things, alleged violation of a National Pollutant Discharge Elimination System (NPDES) permit.
- Representing a large commercial and residential developer in the defense of an environmental challenge to a real-estate transaction under CEQA and state and federal Endangered Species Acts.
- Representing an oil refinery in the defense of a CEQA challenge to a project.
- Representing an oil refinery in a writ and due process challenge to an agency’s designation of property as non-developable “environmentally sensitive habitat area.”
- Defending a major structural steel fabricator in a citizen-suit challenge under the Clean Water Act.