Associate

Samina M. Bharmal

Environmental

sbharmal@sidley.com

Washington, D.C. +1 202 736 8350

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SAMINA M. BHARMAL is a member of the Environmental practice group in Washington, D.C., which is ranked Band 1 by Chambers USA in 2020, and she was selected as Sidley’s 2020 Pathfinder for the prestigious Leadership Council on Legal Diversity (LCLD). She helps to guide businesses through high-stakes district court and appellate litigation, internal investigations, and strategic counseling for civil and criminal matters before federal courts, the Environmental Protection Agency (EPA), California Air Resources Board (CARB), and the Department of Justice (DOJ). Samina has deep experience advising manufacturing, midstream oil and gas, refinery, vehicle and engine manufacturing, and energy industries on issues arising under federal environmental law, with a particular focus on Clean Air Act enforcement and compliance, greenhouse gas (GHG) and carbon emissions regulation and trading programs, supply chain management and the Lacey Act, and environmental, social, governance (ESG).

Samina has served as the lead associate on several internal investigations for Fortune 100 companies, where she has reported to company leadership, including C-suite, and boards. Underlying her strategic counseling is deep experience in Clean Air Act regulatory requirements under the New Source Review (NSR/PSD) program, Cross State Air Pollution (CSAPR) Update Rule and emissions trading, National Ambient Air Quality Standards (NAAQS), and mobile source regulations for light-duty, heavy duty diesel, and the aftermarket. In addition, she represents trade associations in judicial challenges to environmental regulations, including the Risk Management Program (RMP) Reconsideration Rule under the Clean Air Act before the D.C. Circuit, and the Risk Evaluation Rule, Prioritization Rule, and Inventory Reset Rule under the new Toxic Substances Control Act (TSCA) before the D.C. Circuit and the 9th Circuit.

Prior to joining Sidley, Samina was an environmental and energy associate in large law firms in Washington, D.C, and served for several years as a law clerk in the Environmental & Natural Resources Division of the U.S. Department of Justice, where she received Department of Justice Honors for Outstanding Achievement and recognition for her pro bono service. During her time at the Justice Department, Samina worked on the Deepwater Horizon litigation and other matters arising under environmental law and the Freedom of Information Act (FOIA). She also worked directly with foreign delegations from the Middle East, Africa, South America, and Asia on timber and wildlife trafficking enforcement and development of hydrocarbon laws, assisted by her skills in Arabic, Spanish, Urdu, Hindi, Gujarati, and English.

Experience

Representative matters:

Defended vehicle and engine sectors in EPA, CARB, and DOJ civil and criminal enforcement matters and conducted internal investigations regarding Clean Air Act Title II issues related to AECD, IUVP, IUCP, warranty requirements, tampering ,OBD, fuel economy.
Negotiated expedited settlement and reduced penalty for manufacturer on allegations related to import and engine certification requirements.
Represented trade associations before the D.C. Circuit as intervenors in support of EPA denial of a Section 126 petition related to 2008 and 2015 ozone NAAQS.
Represented trade associations before the D.C. Circuit and Ninth Circuit regarding EPA rules under Toxic Substances Control Act (TSCA).
Represented pesticide manufacturer in simultaneous federal and state proceedings in toxic tort litigation.
Advised global medical services company on attaining supply chain, ESG, and GHG goals.
Drafted comments for a wide range of clients on Clean Air Act regulations.
Defended deposition taken during Federal Energy Regulatory Commission investigation into False Claims Act liability.
Represented manufacturer in pre-enforcement negotiations with Environmental Protection Agency regarding sale of aftermarket tuning devices.
Represented rural electric cooperatives in judicial challenges to the Clean Power Plan before the D.C. Circuit. Samina was part of the core team drafted the successful stay application to the Supreme Court.*
Conducted investigation spanning global business units for defense contractor as part of federal agency settlement.*

*Matters handled prior to joining Sidley.

Samina maintains an active pro bono practice. She is currently part of the Sidley team advocating against a U.S. Citizenship and Immigration Services proposed rule that would raise fees for immigration, naturalization and related services.

She successfully argued on behalf of a low-income housing tenant in a wrongful eviction lawsuit before the D.C. Superior Court. She also succeeded in obtaining a sentence commutation for a Project Clemency Applicant.

Samina has received several honors for her pro bono work.

D.C. Access to Justice Commission Capital Pro Bono Honor Roll for 2016
D.C. Access to Justice Commission Capital Pro Bono Honor Roll for 2014
U.S. Department of Justice Commendation for Pro Bono Service, 2014
U.S. Department of Justice Commendation for Pro Bono Service, 2013

Samina also actively engages in community service. She served as a precinct captain in the District of Columbia for the 2016 general election and regularly volunteers with charitable organizations serving the D.C. community.

Credentials

Admissions & Certifications

U.S. Court of Appeals, D.C. Circuit
District of Columbia
New York

Education

American University, Washington College of Law, J.D., 2014 (Administrative Law Review, Editor-in-Chief, National Security Law Brief)
Georgetown University, B.A., 2007