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About Brittany

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 the Texas Commission on Environmental Quality (TCEQ). 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'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.

Experience

Recent Notable Matters

Major terminal operation — defended against EPA flaring and tank emission enforcement using advance monitoring devices such as IR cameras

Major natural gas pipeline project — assisted with obtaining U.S. Army Corps and Fish & Wildlife Service authorizations and defending the project in federal court litigation

Various terminals and industrial clients — assisted with responding to EPA information requests issued for regulatory and enforcement proceedings

Various refining companies — assisted with policy and compliance issues regarding EPA's Renewable Fuel Standard (RFS) program and small refinery exemptions

Multinational LNG export facility — conducted comprehensive review of compliance with local, state, and federal permits and approvals

Texas chemical plant — assisted in evaluating and developing permitting, compliance, and defense strategy in response to TCEQ Enforcement Division investigation under Clean Air Act

Various companies throughout the oil and gas industry — assisted with administrative appeals before the Department of Interior's Office of Hearings and Appeals and Interior Board of Land of Appeals

Industrial trade association — assisted with legal challenges to EPA air toxics regulations under the Clean Air Act and with drafting comments on various EPA policy and regulatory initiatives

Cabot Oil & Gas Corporation — defended against the Department of Interior's Office of Natural Resources Revenue allegations of knowing or willful violations of FOGRMA relating to the payment of royalties

Publications and Speeches

"Federal District Court Vacates BLM’s Postponement of the Waste Prevention Rule," The National Law Review, October 6, 2017.

"EPA’s Authority to Postpone Implementation of Existing Rules," 29th Annual Texas Environmental Superconference Air Quality Panel paper, August 3-4, 2017.

"Environmental Litigation Update," 2017 Industrial Emission Control Technology XV Conference, Portland, Maine, August 1, 2017.

"Court vacates EPA’s stay of methane rule," Oil & Gas Financial Journal, August 2017.

"EPA Hazardous Air Pollutant Standards Risk And Technology Reviews: Tight Deadlines and (Some) DC Circuit Guidance," Environmental Quarterly, Summer 2017 edition.

“EPA’s Regional Consistency Regs Tilt The Playing Field,” Law360, October 28, 2016.

“Air Issues Update,” 2016 Industrial Emission Control Technology XIV Conference, Portland, Maine, August 2, 2016.

“From Shale to Sail: Production, Transportation and Export of U.S. Oil & Gas,” ABA SEER Spring Conference, March 31, 2016 - April 1, 2016.

“Environmental Enforcement and Crimes”, ABA Environment, Energy, and Resources Law: The Year in Review, 2014.

Credentials

Education

The George Washington University Law School,
J.D.
2013
with honors
James Madison University,
M.M.
2004
University of Cincinnati College-Conservatory of Music,
B.M.
2002
summa cum laude

Bar Admissions

District of Columbia
Virginia

Affiliations

Women’s Energy Network DC Chapter
Co-Vice President
2020
Women’s Energy Network DC Chapter
Director of Events
Women’s Energy Network National Conference
Marketing Committee Member
2019

News

Insights

Insights

Our Take on Auer – Agency Deference under Scrutiny

March 15, 2019
Energy Legal Blog®

Two weeks remain before the Supreme Court hears oral arguments in Kisor v. Wilkie, a likely landmark case for energy and infrastructure companies. When the Supreme Court granted certiorari in December 2018, it took the case specifically to decide whether to overturn Auer...

The Rule of Law, Agency Enforcement and the Environment

November 6, 2018
Energy Legal Blog®

Over the past two years, officials within President Trump’s administration have invoked the rule of law regarding the administration’s enforcement goals on issues ranging from marijuana production to immigration. Late last month, we saw a glimpse into...

EPA Issues Proposal to Repeal the Clean Power Plan

October 16, 2017
Energy Legal Blog®

On October 10, 2017, EPA Administrator Scott Pruitt formally announced that he had signed a proposed rule to repeal the Obama EPA’s controversial Clean Power Plan (CPP). This proposal is the first formal step toward repealing the CPP and the beginning of a public process that the Trump Administration will use to determine whether...

Federal District Court Vacates BLM’s Postponement of the Waste Prevention Rule

October 6, 2017
Energy Legal Blog®

On October 4, 2017, the U.S. District Court for the Northern District of California issued a decision vacating the Bureau of Land Management’s (“BLM’s”) June 15, 2017 notice that indefinitely postponed compliance dates for sections of BLM’s Methane and...

DC Circuit Vacates EPA’s Initial Stay of Methane Rule Requirements

July 6, 2017
Energy Legal Blog®

On July 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating the U.S. Environmental Protection Agency’s (“EPA’s”) initial 90-day stay of parts of the 2016 rule establishing methane emissions standards for the oil and gas...

EPA Proposes Additional Two-Year Stay of Parts of the Methane Rule

June 14, 2017
Energy Legal Blog®

On June 13, 2017, the U.S. Environmental Protection Agency (EPA) issued a pre-publication proposed rule that would grant an additional two-year stay to the effectiveness of certain portions of the 2016 rule establishing methane emissions standards for the oil and gas...

EPA Announces Reconsideration and Stay of Additional Parts of the Methane Rule

June 1, 2017
Energy Legal Blog®

On May 26, 2017, the U.S. Environmental Protection Agency (EPA) issued a pre-publication notice that announced the reconsideration and a three-month stay to the effectiveness of certain portions of the 2016 rule establishing methane emissions standards for the oil...

Boiler MACT Litigation - Environmental Law Seminar, Spring 2017

May 4, 2017

An introduction to the history and current status of EPA’s standards addressing hazardous air pollutants from industrial, commercial, and institutional major source boilers.  The presentation discusses the latest developments in federal litigation over the standards.  Then, it describes the issues still pending at EPA and looks ahead to how the agency might resolve them.

Clean Air Act Residual Risk And Technology Review -Environmental Law Seminar, Spring 2017

May 4, 2017

This presentation explains EPA’s responsibility to conduct a Risk and Technology Review (RTR) of nearly 100 standards addressing hazardous air pollutants at various categories of stationary sources. It describes the components of the Risk Review and of the Technology...

EPA Announces Methane Rule Reconsideration, Adding to List of Obama-Era Rules Under Review

April 20, 2017
Energy Legal Blog®

On April 18, 2017, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt announced that the EPA will convene a proceeding for reconsideration of certain elements of the 2016 rule establishing methane emissions standards for the oil and gas...

EPA Seeks Public Comment on Existing Regulations for Repeal, Replacement or Modification

April 13, 2017
Energy Legal Blog®

On April 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is seeking comments from the public on existing regulations that the Agency should consider repealing, replacing, or modifying. 82 Fed. Reg. 17793 (Apr. 13, 2017). EPA issued the...

President Trump Signs Executive Order “Promoting Energy Independence and Economic Growth”

March 29, 2017
Energy Legal Blog®

On March 28, President Donald Trump signed an Executive Order titled “ Promoting Energy Independence and Economic Growth .” Touted by the administration as both “protecting the environment and promoting [the] economy,” [1] the Order aims to “promote clean...

Process Safety Culture and Environmental Management Systems

The presentation provided guidance on developing a corporate culture attuned to process safety and on continuing to assess and adjust over time. It also discussed the legal issues that can arise from adopting an environmental management system, particularly with regard to how...

Bracewell Environmental Law Seminar – Fall 2016: Highlights on “The Desktop Regulator”

December 16, 2016

On November 15, 2016, Bracewell’s Environmental Strategies Group hosted its third biannual Environmental Law Seminar in Houston. The seminar was attended by nearly 100 industry representatives and featured five guest speakers, including...

EPA’s Amended Regional Consistency Regulations Tilt the Playing Field: Industry Groups Seek to Overturn

October 11, 2016

Last week, three industry groups filed challenges to EPA’s final rule amending the agency’s Regional Consistency Regulation in 40 CFR Part 56. [1] The final rule , which was issued on August 3, 2016, addresses the question of how to treat Federal court decisions regarding...

Reports Connecting Seismic Activity to the Injection of Produced Water

April 28, 2015
Energy Legal Blog®

In recent days, the Oklahoma Geological Survey (OGS), Southern Methodist University (SMU) in Dallas, and the U.S. Geological Survey (USGS) have each indicated that they are increasingly convinced that there is a connection between the underground injection of...

Noteworthy

Noteworthy

The Legal 500 United States
Environment: Litigation, 2019
Woodward/White, Inc.
Best Lawyers
Ones to Watch, Energy Law, Environmental Law, 2021
Thomson Reuters
Washington, DC Super Lawyers
Rising Star, 2018 - 2020
The George Washington University Law School
The George Washington Journal of Energy and Environmental Law
Senior Managing Editor, 2012 - 2013

Events