Samuel B. Boxerman

Selected representations include:

Civil Enforcement/Rulemaking Litigation 

• United States v. Cinergy — Over seven years, represented utility in defense of $3 billion Clean Air Act enforcement litigation at six plants involving 20 coal-fired electric generating units. Conducted fact and expert discovery and briefed and argued multiple motions. Represented client at three trials, conducting fact and expert witness examinations. Remaining issues settled before a fourth trial. 
• AES Puerto Rico — Representing client in connection with various matters arising out of the use of aggregate manufactured from coal ash, including successful challenge to state and local laws restricting use, defending against citizen group’s allegations that use of the material is causing an endangerment under RCRA 7002, and challenge to EPA’s Coal Combustion Residuals rule.
• Confidential Clients — Representing clients in connection with EPA investigation of claims alleging violations of New Source Review and other provisions of the Clean Air Act.
• United States v. Duke Energy — Represented client in connection with successful resolution of EPA and citizen group’s claims alleging violations of New Source Review provisions of the Clean Air Act.
• United States v. Continental Carbon Company — Represented client in connection with successful resolution of EPA and states’ claims alleging violations of New Source Review provisions of the Clean Air Act. 
• In re Con-way Freight  — Represented client and successfully reached administrative resolution of EPA investigation of compliance with RCRA waste management requirements in less than truckload shipping sector.
• Sacramento Regional County Sanitation District permit litigation — Represented Westlands Water District before Regional and State Water Board in hearings on the proposed Clean Water Act NPDES discharge permit and in resulting litigation over the final permit. 
• W. Va. Highlands Conservancy Inc. v. Fund 8 Domestic LLC — Successfully obtained dismissal of Clean Water Act citizen’s suit alleging owner was discharging without a permit. 
• Moapa Band of Paiutes v. EPA, WildEarth Guardians v. EPA, and Nevada Power v. EPA, — Represented Nevada Power in three petitions for review of EPA actions approving Nevada’s Regional Haze State Implementation Plan. EPA granted reconsideration of one rule in response to Nevada Power’s petition, the court of appeals adopted Nevada Power’s arguments and dismissed the second petition based on standing, and  the last petition has been dismissed.
• United States v. IBP — Advised meat processor client on EPA investigation, defended resulting litigation and, after extensive discovery and summary judgment motion practice, negotiated settlement under Clean Water Act, Clean Air Act, CERCLA and RCRA with the federal and state governments regarding plants in four states. 
• United States v. General Electric — Part of team that helped client respond to EPA investigation of past disposal practices at former manufacturing site and negotiated CERCLA settlement with DOJ and EPA regarding the Housatonic River Superfund Site. Led negotiations over the governments’ past cost claims, resulting in agreement to cap future costs to paid under settlement. Representing client on the implementation of decree, including dispute resolution proceedings over EPA cost claims. 
• United States v. AEP — Represented utility client in EPA Clean Air Act enforcement action against electric utility involving PSD, NSPS and non-attainment NSR issues. Responsible for developing expert testimony on selected issues. 
• Blumenthal v. BFI — Defended RCRA 7002 citizen suit/state law tort suit brought against client landfill owner by neighboring landowner claiming landfill caused ground water contamination to encroach on and under the adjacent property resulting in alleged economic loss. Successfully won dismissal of all RCRA claims and after discovery, negotiated land swap to settle dispute. Also defended client landfill owner against neighbor’s challenge to owner’s novel use of recycled materials to cover buried materials.

International Arbitrations

• Confidential Client — Defended respondent government in $500 million arbitration involving the investor’s plan to develop a coal mine and construct a coal-fired power plant. Led factual investigation on contractual matters and developed expert testimony on technical issues and claimed damages. Conducted direct and cross examination of fact and expert witnesses before the arbitration tribunal. Prevailed in large part after two-week proceeding. 
• Confidential Client — Represented investor client in $300 million arbitration involving the operation of a water concession. Conducted direct and cross examination of technical expert witnesses addressing alleged water contamination. Tribunal ruled for client after 12-day hearing. 
• Confidential Client — Represented respondent government client in multi-billion dollar arbitration involving the investor’s alleged plan to develop a new city. Conducted direct and cross examination of expert witnesses addressing alleged damages. Tribunal ruled for client after two-week hearing.
• Confidential Client — Representing investor client in multi-billion dollar arbitration arising out of the government respondent’s interference with the client’s sale of a financial institution. Conducted direct and cross examination of fact witnesses before the arbitration tribunal during a two-week hearing.

In 2009, Sam received the Outstanding Achievement Award for Fair Housing from the Washington Lawyers’ Committee.

• Sam has been a Professorial Lecturer in Law at the George Washington University School of Law for more than ten years.
• Capital Camps and Retreat Center, Member of Board of Directors, Past Board Chair
• University of Illinois, Illinois in Washington Program, Chair of Advisory Board