Education
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American University Washington College of Law, J.D., cum laude, 1995
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Stanford University, B.A., 1990
Bar Admissions
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District of Columbia
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California
Court Admissions
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U.S. District Court for the District of Columbia
Awards and Honors
- DOJ Meritorious Award for Continuous Superior Performance of Duty (Chevron Pipe Line Company - 2006)
- DOJ Outstanding Performance Rating for Sustained Superior Performance of Duty in all Prior Rating Periods (2005)
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Scott Stewart focuses his practice on environmental litigation and regulatory action, helping clients with matters under all of the major federal environmental statutes. Mr. Stewart has substantial experience conducting civil litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Clean Water Act (CWA); Oil Pollution Act (OPA); Clean Air Act (CAA); and Resource Conservation and Recovery Act (RCRA); and Toxic Substances Control Act (TSCA), among others. He has extensive experience with complex natural resource damages (NRD) matters arising under the CERCLA, the OPA and the CWA, with a focus on issues stemming from mining, milling and smelting activities.
He also helps clients understand and comply with federal environmental regulations and closely monitors agency enforcement initiatives and trends to help clients make informed business decisions. Mr. Stewart regularly assists clients with CWA, CAA and RCRA permitting, certification and compliance issues. He provides counsel to clients on all aspects of compliance with the TSCA and advises clients regarding the protection of confidential business information.
As a former trial attorney for the Environmental Enforcement Section of the Justice Department’s Environment & Natural Resources Division, Mr. Stewart worked closely with many federal agencies to investigate and develop cases focused on the control and abatement of pollution. He has served as lead attorney on a number of large-scale litigation cases involving federal statutes and recommended settlement and litigation of matters to the Assistant Attorney General. In his role at the DOJ, Mr. Stewart honed his working knowledge of federal agencies and developed many key relationships with senior government officials.
In addition to his environmental litigation and regulatory work, Mr. Stewart counsels a variety of companies in the renewable energy and clean technology (cleantech) arena. Using his environmental experience, familiarity with Washington and knowledge of the cleantech industry, Mr. Stewart advises venture capitalists, entrepreneurs and cleantech and renewable energy companies on ways to capitalize on opportunities presented by federal legislation and programs. He also provides counsel to renewable energy facilities on federal environmental permitting issues and has assisted clients in navigating the National Environmental Policy Act process.
Representative Matters
Enforcement
- Lead counsel for chemical company in ongoing TSCA enforcement action.
- Led litigation team in CWA enforcement action relating to alleged violations of the CWA arising out of an oil spill into an unnamed intermittent stream. (United States v. Chevron Pipe Line Company).
- Served as lead attorney on CAA matter involving violations of the New Source Performance Standards, the National Emissions Standards for Hazardous Air Pollutants and violations of a New Source Review Permit.
- Coordinated investigation of potential violations of Section 3008 of RCRA and acted as lead attorney on RCRA matter involving violations of Section 3013 Order.
- Led litigation team in CERCLA cost recovery enforcement action against EPEC Polymers and litigated case up to filing of dispositive motions, secured cost recovery and RD/RA work package valued at more than $23 million. (United States v. EPEC Polymers, Inc.).
- Acted as lead attorney on several complex natural resource damages matters involving active mine sites, including matters involving the Morenci, Tyrone, Chino and Molycorp mine sites in Arizona and New Mexico.
- Served as lead attorney on CWA matter involving violation of the Act and related permit by a concentrated animal feeding operation.
Regulatory & Compliance
- Counseling domestic equipment manufacturer on non-road diesel engine certification matters.
- Prepared comments on EPA’s “Identification of Non-Hazardous Secondary Materials That Are Solid Wastes” proposed rule on behalf of a company utilizing novel technology to reclaim coal from legacy piles, leading EPA to revise the rule and include currently mined coal refuse as a fuel not a waste in its final rule.
- Represented innovative power producer in water and air permitting actions and administrative permit challenges.
- Represented building products manufacturer in water and air permitting matters.
- Represented diesel engine manufacturer in Tier 4i certification process. Multiple engine families were certified.
- Represented engine manufacturer in California Air Resources Board certification process. Multiple engine families were certified.
Professional Affiliations:
- Board of Directors, C&O Canal Trust (2008-2010)
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