Mr. Clark is a partner of the Firm, resident in the Washington, D.C. office. He is a complex trial and appellate litigator with especially deep experience in administrative law, cutting across dozens of statutes and numerous agencies. Mr. Clark has been with the Firm since 1996, with the exception of his period of service by virtue of appointment by the Attorney General in the U.S. Department of Justice from 2001-2005. He has worked on cutting-edge cases in numerous areas of law, and argued and won the noted Massachusetts v. EPA case in the D.C. Circuit.
Mr. Clark is rated "AV preeminent" 5.0 out of 5 by Martindale Hubbell ("the highest level of professional excellence").
From 2001 to 2005, Mr. Clark was the Deputy Assistant Attorney General for the Environment and Natural Resources Division of the Justice Department. While there, he supervised the Appellate Section (50 lawyers and staff) and the Indian Resources Section (25 lawyers and staff). Also during that period, he reviewed, edited, or contributed to virtually every brief the Environment Division of the Department of Justice filed in the Courts of Appeals, including several cases of exceptional significance he personally briefed and argued. He also worked on every Supreme Court environmental or natural resource case during this same period.
Mr. Clark's practice operates at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling.
Substantively, Mr. Clark has experience with antitrust, bankruptcy, communications, complex civil litigation, constitutional law, class actions, environmental, intellectual property, and labor. For instance, in the environmental area, he has extensive experience involving the Clean Air Act, Clean Water Act, NEPA, the Energy Policy and Conservation Act of 1975, and the Energy Independence and Security Act of 2007, among many others.
Memberships & Affiliations
Elected Member of the Governing Council of the ABA Administrative Law Section (2012-2015).
American Bar Association — currently serving as Co-Chair of the ABA's Section of Administrative Law and Regulatory Practice's Committee on Environmental and Natural Resources Regulation.
Member, The National Association of Distinguished Counsel — Nation's One Percent
Named to Super Lawyers for 2014, 2015 and 2016
Named to the Legal Who’s Who: Environmental Law list in Corporate Responsibility Magazine's January/February 2014 edition.
As part of Kirkland's "Tier 1" environmental litigation practice, The Legal 500 U.S. noted in 2011 that clients touted Mr. Clark's "experience in administrative law," calling him a "super lawyer." In 2012, The Legal 500 U.S. praised Mr. Clark's "experience in air quality matters, and [noted he] is valued as 'very responsive to client needs.'" And in 2015, The Legal 500 U.S. touted his “win in a multibillion-dollar appeal brought by 11 Louisiana parishes” for BP in a case that he briefed and argued in the Fifth Circuit.
Recipient of the Kirkland & Ellis 2010 Washington Pro Bono Service award.
Recipient of two awards in 2005 for assisting in defending military readiness in the courts, from the Department of Defense's General Counsel and Undersecretary of Defense for Personnel and Readiness, respectively.
Recipient of the National Oceanic and Atmospheric Administration's General Counsel's Award for excellence in 2003.
Co-authored with Tefft Smith, 1997 and 1998 update chapters on Restraints of Trade for the ABA's Antitrust Law Developments 4thAuthored annual update to "Procedural Means of Enforcement under 42 U.S.C 1983," 82 Geo. L. J. 1402 (1994)
Have given numerous speeches, written multiple articles, and participated in many panels on topics in energy efficiency, clean air and water law, administrative law, and constitutional law.
Testified before Congress in Hearing on H.R. 4768, "The Separation of Powers Restoration Act of 2016," on May 17, 2016, House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law.
Spoke at the the U.S. Chamber of Commerce's Government Operations, Oversight, and Consumer Affairs Committee on May 4, 2016. Addressed the topics of the future of Chevron deference, regulatory reform, the Clean Power Plan, and the Waters of the United States Rule, and the future of the Supreme Court in the wake of Justice Scalia's death.
Addressed the Air and Waste Management Association at brown bag lunch on February 25, 2016 on the topic of the D.C. Circuit Litigation on the Clean Power Plan as Stayed by US Supreme Court, held at the Edison Electric Institute in Washington, D.C.
Testified before Congress in Hearing on H.R. 3438, “The Require Evaluation Before Implementing Executive Wishlists Act of 2015;” and H.R. 2631, “The Regulatory Predictability for Business Growth Act of 2015,” on November 3, 2015, House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law.
Addressed the Air and Waste Management Association’s International Specialty Conference Addressing Climate Change: Emerging Policies, Strategies, and Technological Solutions on September 10, 2015 in Oak Brook, IL on litigation against EPA’s Clean Power Plan.
Addressed Air and Waste Management Association’s 108th Conference & Exhibition on June 25, 2015 in Raleigh, North Carolina on Supreme Court Clean Air Act litigation.
Addressed the 10th Annual Administrative Law and Regulatory Practice Institute regarding GHG Regulation and Litigation Under the Clean Air Act, April 3, 2014 in Washington, D.C.
Addressed the National Association of Home Builders, 2011 LANDS Roundtable & Workshop on "Clean Water Act Wetlands Regulation and EPA's Greenhouse Gas Regulations — Two Regulatory Overreaches," April 9, 2011 at the National Housing Center, in Washington, D.C.
Addressed the ABA Administrative Law Review presentation at American University Law School on "Science and Regulation: Examining the Role of Scientific Evidence in the Regulatory Process," April 6, 2011, in Washington, D.C.
Addressed the Cornell Environmental Law Society at its 2011 Energy Conference, Gas Drilling, Sustainability & Energy Policy: Searching for Common Ground on the subject of the regulation of hydrofracking in New York State, April 1, 2011, in Ithaca, New York.
Addressed the National Association of Home Builders, 2010 LANDS Roundtable & Workshop on "Climate Change and Public Nuisance Claims," April 24, 2010 at the Marriott Wardman Park Hotel, in Washington, D.C.
Spoke at the Washington Times International Policy Event: "Advancing the Global Debate Over Climate Change Policy" on November 4, 2009 at the Willard Hotel in Washington, D.C.
CourtsUnited States Supreme Court, Most Circuit Courts of Appeal, the United States District Courts for the Districts of Nebraska, the District of Columbia and the Eastern District of Texas, and the United States Court of Federal Claims