Kathleen Mueller

Recent cases include:

• Melone v. Coit, No. 23-1736 (1st Cir. Mar. 25, 2024); Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management, No. 23-1501 (1st Cir. Mar. 24, 2024); Seafreeze Shoreside, Inc. v. U.S. Dep’t of the Interior, No. 23-1853 (1st Cir.); Responsible Offshore Development Alliance v. U.S. Dep’t of the Interior, No. 23-2051 (1st Cir.). Represented Vineyard Wind 1, LLC in litigation alleging that federal approvals to build an offshore wind energy project were issued in violation of the Outer Continental Shelf Lands Act, the National Environmental Protection Act, the Endangered Species, the Marine Mammal Protection Act, the Administrative Procedure Act.
• Natural Resources Defense Council v. NHTSA, No. 22-1080 (D.C. Cir.). Represented American Fuel & Petrochemical Manufacturers in challenge to fuel economy standards for automobiles and light-duty trucks.
• Interstate Natural Gas Ass’n of America v. U.S. Environmental Protection Agency, No. 23-1193 (D.C. Cir.). Represented Interstate Natural Gas Association and American Petroleum Institute in challenge to nitrogen oxide emissions limits promulgated by EPA under the Good Neighbor Provision of the Clean Air Act.
• Northern Plains Resource Council v. U.S. Army Corps of Engineers, Nos. 20-35412, 20-35414 & 20-35415 (9th Cir.) Represented TC Energy in litigation challenging Nationwide Permit 12, a nationwide Clean Water Act permit issued by the Army Corps of Engineers, on its face and as applied to the Keystone XL Pipeline.
• Indigenous Environmental Network v. U.S. Department of State, Nos. 18-36068, 18-36069, 19-35036, 19-35064 & 19-35099 (9th Cir). Represented TC Energy in litigation challenging the Presidential Permit for the Keystone XL Pipeline under the Administrative Procedure Act, the National Environmental Protection Act, and the Endangered Species Act.
• In re: Rail Fuel Surcharge Antitrust Litigation, 934 F.3d 619 (D.C. Cir. 2019). Drafted brief for defendants in successful defense of district court’s denial of class certification in a case of alleged price-fixing where there was no common proof of injury.
• United States v. AT&T, Inc., 916 F.3d 1029 (D.C. Cir. 2019). Drafted portions of brief in successful defense of government’s Clayton Act challenge to AT&T’s merger with Time Warner, Inc.
• Carney v. Adams, Supreme Court No. 19-309. Drafted amicus brief for retired justices of the Delaware Supreme Court defending the constitutionality of a provision in the Delaware Constitution requiring that no more than a bare majority of judges on the supreme court and principal lower courts may be from the same major political party.
• Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Drafted petition for writ of certiorari and Supreme Court merits brief addressing whether a class may be certified when it contains uninjured class members.
• Kerry v. Din, 135 S.Ct. 2128 (2015). Drafted Supreme Court merits brief on question of whether an American citizen may challenge the denial of a visa to her spouse.
• United States v. Harkonen, 510 F. App’x 633 (9th Cir. 2013), cert. denied, 134 S. Ct. 824 (2014). Drafted appellate court briefs and petition for writ of certiorari addressing constitutional protection for scientific speech.