Edward W. Warren

Retired Partner Appeals

Washington, D.C. +1 202 389 5018

Edward W. Warren

Practices

Overview

Ed Warren concentrated his practice in the areas of appellate litigation, administrative law, environmental law, and toxic tort litigation.

Ed joined Kirkland & Ellis in 1970 and was a partner from 1975 to 2005. He served as a member of the Firmwide Management Committee from 1980 until 1993. Ed founded the Kirkland Environmental and Appellate practice groups.

Considered one of the "first generation" of environment attorneys, Ed was selected as one of America's Leading Lawyers for Business in Environment by Chambers USA 2005. Ed was also recognized as a "Washington, D.C., Super Lawyer" from 2007–2011 and in 2013 by Super Lawyers magazine.

Extensive litigation experience under all of the federal health, safety and environmental statutes.

Appellate litigation including oral arguments in more than 40 significant cases before the U.S. Courts of Appeals, state Supreme Courts and the U.S. Supreme Court.

Successful litigation record including:

  • American Auto. Mfrs. Ass'n v. Massachusetts Dep't of Envt'l Protection, 208 F. 3d 1 (1st Cir. 2000) (invalidating Massachusetts zero-emission vehicles (ZEV) regulations under Clean Air Act preemption provisions.);
  • American Trucking Associations, Inc. v. EPA, 175 F. 3d 1027 (D.C. Cir. 1999) (companion cases invalidating ozone and particulate Clean Air standards on constitutional non-delegation grounds), certiorari granted (May 22, 2000);
  • Virginia v. EPA, 108 F.3d 1397 (D.C. Cir. 1997) (Clean Air case invalidating attempted EPA imposition of California Low-Emission Vehicle standards in 12 Northeast States and the District of Columbia.);
  • E.I. Du Pont de Nemours & Co. v. The Bush Ranch, Inc., 99 f.3d 363 (11th Cir. 1996) (reversing $115 million contempt fine in products liability case on constitutional grounds);
  • United States v. Hays, 115 S.Ct. 2431 (1995), on remand Hays v. Louisiana, 936 F.Supp. 360 (W.D.La. 1996) appeal dismissed, 116S.Ct. 2542 (1996) (mem.) (invalidating Louisiana Congressional redistricting plan on constitutional grounds);
  • Arkansas v. Oklahoma, 112 S.Ct. 1046 (1992) (reinstating Clean Water Act permit in interstate water pollution case);
  • Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991) (overturning EPA ban of asbestos under Toxic Substances Control Act);
  • Center for Auto Safety v. Thomas, 847 F.2d 843 (D.C. Cir.) en banc vacated, 856 F.2d 1557 (D.C. Cir. 1988) (en banc) (lead case of several against EPA and NHTSA in which we saved the automobile industry nearly $2 billion in CAFÉ fines); and
  • Indus. Union Dept., AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980) (overturning occupational exposure standard for benzene on constitutional and statutory grounds).

Law ClerkHonorable Luther M. SwygertUnited States Court of Appeals for the Seventh Circuit1969–1970

More

Thought Leadership

Publications 

"Reforming Regulatory Reform: Doing Better with Less," American Enterprise Institute

Edward W. Warren & Gary E. Marchant, "More Good Than Harm: A First Principle for Environmental Agencies and Reviewing Courts," 20 Ecology L.Q. 379 (1993). See also, "Judge Leventhal's Revenge: The Courts as "Gatekeepers" of Good Science after Daubert," 1994 Public Interest Law Review 93

Judicial Proceedings - D.C. Circuit, 140 FRD 481, 566-588 (1991) (panel consisting of Justices (then judges) R.B. Ginsburg and S. Breyer and Judges Easterbrook, Wilkinson and then Judge Starr discussing the elements of effective oral advocacy

Recognition

Adjunct Professor, University of Chicago (1994–present)

Adjunct Professor, Georgetown University, Administrative Law (1995)

Adjunct Professor, George Mason University, Appellate Litigation (1994–95, 1997, 1999)

Member, Board of Visitors, University of Chicago Law School

Chairman, Administrative Law Practice Group, Federalist Society

Member, American Law Institute, American Academy of Appellate Lawyers

Member, Court Appointed Scientific Experts Advisory Committee, American Association for the Advancement of Sciences

Credentials

Admissions & Qualifications

  • 1971, District of Columbia
  • 1969, Illinois (retired)

Education

  • University of Chicago Law SchoolJ.D.1969
  • Yale UniversityB.A.1966