Erika L. Maley
ERIKA MALEY is a partner in the Appellate and Complex Commercial Litigation groups. She focuses her practice on representing clients before the United States Supreme Court, federal courts of appeals and federal district courts, involving a wide range of federal constitutional, statutory and administrative law issues. She has handled cases and presented oral argument in front of courts of appeals and district courts.
Erika’s recent matters include:
- BP Energy Company v. Federal Energy Regulatory Commission, No. 15-1205 (D.C. Cir. 2016): Erika successfully briefed and argued the case, in which the D.C. Circuit remanded the FERC’s ruling that Dominion Cove Point did not unduly discriminate against BP by offering more favorable terms to another customer of Dominion’s LNG facility, holding that the FERC failed to adequately explain its interpretation of the relevant statutory language, and failed to investigate whether BP and the other customer were factually similarly situated.
- Alec L. v. Lisa P. Jackson, 863 F. Supp.2d 11 (D.D.C. 2012), aff’d No. 13-5192 (D.C. Cir. 2014), representing intervenor The National Association of Manufacturers, in which the court dismissed a suit seeking to compel federal regulation of greenhouse gas emissions under a novel “public trust doctrine” theory.
- Validus Reinsurance, Ltd. v. United States, No. 14-5081 (D.C. Cir. 2015), in which the D.C. Circuit ruled that the U.S. federal excise tax imposed under Section 4371 of the Code does not apply to retrocession contracts between foreign reinsurers.
- Barkes v. Taylor, No. 14-939 (2015), in which the Supreme Court summarily reversed a Third Circuit ruling that senior officials of Delaware Department of Corrections could be held liable for a prisoner’s suicide.
Prior to joining the firm in 2011, Erika worked as a trial attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice.
Erika has also worked on a range of pro bono matters in the U.S. Supreme Court and federal courts of appeals, including:
- Jennings v. Stephens, No. 13-7211 (2015), representing the petitioner, in which the Supreme Court held that a federal habeas petitioner need not obtain a certificate of appealability to raise an alternative ground for affirmance in the court of appeals when he has prevailed on another ground in the district court.
- Hinton v. Alabama, No. 13-6440 (2014), representing amicus The Constitution Project, in which the Supreme Court summarily reversed an Alabama Supreme Court holding that there was no ineffective assistance of counsel in a death penalty case.