Overview
Virginia’s practice focuses exclusively on environmental law and administrative law—in particular, the Clean Water Act (CWA) wetlands program, the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other federal regulatory programs that affect the use of land. Experience in permit negotiation, litigation of policy issues, lobbying Congress and the Administration, enforcement defense, and compliance counseling. Representative clients include development companies, agricultural and mining companies, state and local agencies, and trade associations. She has extensive experience with federal environmental agencies both in Washington and in district and regional offices. Virginia is an adjunct professor for the University of Miami School of Law Program in Real Property Development.
Experience
- Assisted applicants in obtaining wetlands permits and related endangered species approvals and in documenting NEPA compliance for major development projects in over 25 states, including Florida, California, and Arizona.
- Lead counsel in landmark wetlands cases, including NMA v. Corps of Engineers (invalidating the “Tulloch Rule,” which illegally claimed authority to regulate excavation and land-clearing activities in wetlands); NAHB v. Corps of Engineers, which established that nationwide permits are rules subject to immediate judicial review; and Hoffman v. EPA, holding that the federal government must demonstrate an interstate commerce nexus in order to assert CWA jurisdiction over a wetland.
- Lead counsel for water agencies in litigation rejecting an Endangered Species Act challenge to the Bureau of Reclamation’s operation of the lower Colorado River.
- Lead counsel in obtaining Corps permit for $1.2 billion redevelopment project in New Jersey and in successfully defending it in federal court.
- Testified in Congress numerous times on CWA policy issues.
- Led coalition of trade associations in obtaining Congressional legislation requiring the Corps of Engineers to establish an administrative appeals process.
- Lead counsel in landmark settlement under the federal construction stormwater program.
- Extensive experience litigating the meaning of “the waters of the United States.”
Accolades
Honors & Recognitions
- Recognized as 2021 Environmental Group of the Year, Law360, January 2022
- Selected as Lawyer of the Year for Litigation – Environmental, Washington, DC, The Best Lawyers in America, 2020
- Selected for inclusion in “Best Lawyers,” Environmental Law, Best Lawyers in America, 2006-2024
- Recognized as a Leader in Environment Law, District of Columbia, Chambers USA, 2005-2020
- Selected for inclusion in “Super Lawyers,” Environmental Law, Washington DC Super Lawyers magazine, 2008-2019
- 2021 and 2017 Chambers USA Environment Law Firm of the Year
- Recommend Lawyer, Environment: Transaction and Regulatory, 2016
- Listed for Environment: Transaction and Regulatory, Legal 500 United States, 2016
Affiliations
Professional
- Member, American Bar Association, Section of Environment, Energy, and Resources
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Events & Speaking Engagements
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Education
JD, Vanderbilt Law School, Articles Editor, Vanderbilt Law Review, 1981
MA, Communications, University of Pennsylvania, 1970
BS, University of Wisconsin, 1964
Admissions
District of Columbia
