Samuel B. Boxerman

SAMUEL BOXERMAN has 38 years of experience in environmental law, handling complex litigation and providing strategic counseling. Sam defends government investigations and enforcement actions under the Clean Air Act (Title I and II), Clean Water Act, CERCLA and RCRA, and advises clients on regulatory matters, assisting with comments on agency proposals and challenges to agency actions. Sam also represents private and sovereign clients in investment treaty and commercial arbitrations. Sam has been named to Best Lawyers and Super Lawyers, where he is described as “an outstanding attorney” who brings “years of in-depth experience” providing “sound advice,” and has been recognized as a BTI Client Service All-Star. He is listed among the 2024 Best Lawyers “Lawyer of the Year” honorees in Environmental Law and 2024 Lawdragon “Green 500: Leaders in Environmental Law.” Sam joined Sidley in 1991 from the U.S. Department of Justice, where he handled environmental enforcement litigation. Sam also served as a Special Assistant U.S. Attorney prosecuting criminal matters.

Environmental Enforcement/Regulatory

Sam’s representative matters have spanned major sectors of the economy and emerging issues, including:

• Automotive sector – Representing clients in enforcement matters under Title II of the Clean Air Act, including Clean Air Act 208 information requests to aftermarket parts manufacturers and distributors, engine and vehicle import matters, and an off-road engine recall, as well as confidential internal investigations.
• E-commerce – Representing client in enforcement matter under the Clean Air Act and FIFRA, including related Clean Air Act information requests.
• Electric utilities – Represented electric utilities in defense of EPA enforcement actions at power plants across multiple states, including extensive Clean Air Act 114 investigations, discovery, and multiple federal trials.
• CCRs — Defending client in EPA investigation, information gathering and enforcement under RCRA, Clean Air Act, Clean Water Act, and CERCLA arising out of production, storage, use and disposal of CCRs.
• Carbon black — Represented manufacturer in EPA investigation, information gathering and negotiated resolution of claims alleging Clean Air Act violations and in related consent decree implementation matters.
• Less than Truckload sector — Represented client in defending against EPA RCRA investigation, leading to administrative resolution of claims across multiple states and EPA regions.
• Manufacturing – Defending foundry in enforcement litigation under the Clean Air Act, alleging violations of Title V permit and associated state and federal regulations.
• Meat and Poultry — Assisted meat processor with responding to EPA investigation, defended resulting litigation and negotiated consent decree, and representing egg producer in CAA enforcement investigation.
• Midstream natural gas sector – Representing trade association in agency rulemakings and related federal court litigation.
• Multiple industry sectors – Representing individual clients, ad hoc coalitions, and national trade associations, in agency rulemakings and related litigation in federal court concerning questions of environmental, administrative and constitutional law under the Clean Air Act, RCRA, CERCLA, and TSCA.
• PFAS – Advising clients on emerging regulatory matters related to the legacy use of PFAS, including assisting with litigation defense for large chemical manufacturer.
• Landfills — Won dismissal of RCRA 7002 citizen suit/state law tort suit brought against landfill by neighboring landowner, and defended landfill owner’s novel use of recycled materials as cover material.

International Arbitrations

Sam has represented sovereign and private clients in multiple international arbitration hearings:

• Successfully defended respondent government in US$500 million arbitration involving the investor’s plan to develop a coal mine and construct a coal-fired power plant.
• Successfully represented investor in US$300 million arbitration involving the operation of a water concession.
• Successfully represented respondent government client in multi-billion dollar arbitration involving the investor’s alleged plan to develop a new city.
• Representing investor in US$6 billion dollar arbitration arising out of government respondent’s interference with the client’s sale of a financial institution.
• Representing investor in US$250 million arbitration arising out of government respondent’s interference with client’s implementation of lease of heating and electricity generating assets.

• Sam has been a Professorial Lecturer in Law at the George Washington University School of Law since 2005.
• Capital Camps and Retreat Center, Member of Board of Directors, Past Board Chair.
• University of Illinois, Illinois in Washington Program, Chair of Advisory Board.

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