Brittany Pemberton advises energy, oil and gas, and industrial clients in environmental regulatory compliance and enforcement matters, including handling stationary source enforcement and compliance matters under the Clean Air Act (CAA) before the U.S. Environmental Protection Agency (EPA) and state agencies. She also represents companies and trade associations participating in the federal rulemaking process, including developing comments on a variety of EPA, U.S. Department of Energy (DOE) and U.S. Department of Interior (DOI) proposals and challenging final agency rules in federal court. Her practice also regularly includes representing companies in administrative appeals before federal agencies, such as the DOI. In particular, Brittany’s experience includes extensive Administrative Procedure Act litigation and rulemaking comments surrounding cap-and-trade regulatory regimes and research regarding the permitting process for deep geologic sequestration of carbon dioxide. Additionally, Brittany has experience obtaining federal and state authorizations for major projects and transactions and in defending these government authorizations in court.
Brittany also has significant experience advising refiners, importers and terminals and other midstream companies regarding strategic planning and compliance with federal fuel quality standards. She also regularly advises project developers, investors, and operators of facilities producing biofuels from waste feedstocks regarding project development, regulatory compliance, supply and offtake agreements, carbon capture and sequestration, and monetizing carbon reductions under the federal and state programs.
Brittany’s pro bono work has included representations in immigration-related matters, such as representing unaccompanied minors in removal proceedings and assisting them in attaining legal status. She has also actively contributed to several appeals related to veterans benefits before the U.S. Court of Veterans Claims.
While in law school, Brittany worked as a law clerk for the U.S. Senate Committee on the Judiciary’s Subcommittee on Antitrust, Competition Policy and Consumer Rights; the EPA Office of General Counsel’s Water Law Office; and the Division of Mineral Resources within DOI’s Office of the Solicitor. She also served as a judicial intern for the Honorable Robert N. Davis of the U.S. Court of Appeals for Veteran Claims.