Justin A. Savage

Representative matters handled by Justin include:

Civil Enforcement Defense

• United States v. Cummins Inc. (DDC) and California v. Cummins Inc. (DDC): Co-lead counsel for Cummins successfully defending federal and state enforcement actions and investigations by EPA, CARB, DOJ, and the California AG alleging defeat devices and AECD disclosure issues in diesel pickups.
• United States v. Superior Refining Company (WD WI): Lead counsel representing Superior Refining in the Clean Air Act enforcement action arising from the 2018 explosion and fire at its Superior, Wisconsin fire, resulting in a partial consent decree with no civil penalty and safety-enhancements for the HF Alkyl unit.
• United States v. Derive Systems (DDC): Defense of enforcement investigations of aftermarket auto software innovator, resulting in unique consent decree with unique go-forward safe harbors for Clean Air Act compliance.
• United States v. BP Products North America (ND Ind.): Lead defense counsel for BP Products North America securing a civil consent decree with EPA, DOJ, and the State of Indiana to resolve BWON and other Clean Air Act claims at its Whiting, Indiana refinery.
• Representing Ford Motor Company in the successful closure of parallel federal and state civil and criminal investigations arising from whistleblower claims on road load estimation and fuel economy.
• United States v. Lima Refining Company (ND OH): Lead defense counsel representing the Lima Refining Company (LRC) in its civil settlement to resolved alleged Clean Air Act claims at its refinery in Lima, Ohio for alleged violations of BWON.

Environmental Criminal Defense

• United States v. Long (ED VA): Successful defense of a decorated U.S. Navy who had faced six felonies under the Clean Air Act, securing a one-count misdemeanor plea after winning a motion to suppress evidence and aggressively challenging the government’s novel charging theory for OBD tampering.
• Secure voluntary dismissal of state charges against data center site manger arising from alleged storm water violations.
• Obtain declination of prosecution for owners and executives of auto parts business following reverse proffer, resulting in a company plea for a single Clean Air Act charge.
• Represent upstream producers, midstream companies, pipeline operators, and refiners in grand jury proceedings and investigations of issues arising under the CAA, CWA, and RCRA.
• Defend property developer in asbestos NESHAP criminal case, obtaining probation.

Rulemaking Challenges

• American Chemistry Council v. EPA (D.C. Cir.): Served over a decade as advisor and litigation counsel for trade associations, including AFPM, ACC, API, and the Chamber of Commerce, on rulemakings and litigation challenging various amendments to the Risk Management Program made across four presidential administrations.
• Specialty Equipment Market Association v. California Air Resources Board (ED CA): Lead counsel in Clean Air Act preemption lawsuit against CARB’s Advanced Clean Fleets rule, resulting in CARB withdrawing its request to EPA for a preemption waiver.
• California v. NHTSA (1st Cir): Represent AFPM in intervening to defend NHTSA interpretative rule on CAFE standards.
• CHS Inc. v. EPA (D.C. Cir.): Advise and litigation on behalf of CHS and other companies over the small refinery exemption to the Renewable Fuel Standard, including reversal of EPA’s denial of the exemption.
• Waev Inc. v. EPA (D.C. Cir) and (D.D.C.): Lead plaintiffs’ counsel bringing first-ever challenge to Inflation Reduction Act regulations on tax credits for the auto industry.

Environmental Citizen Suits

• Potomac Riverkeeper Network v. City of Alexandria (ED VA): Lead plaintiff’s counsel that brought a Clean Water Act and RCRA lawsuit against the City of Alexandria, Virginia, resulting in a consent decree to halt and remediate decades of coal tar discharges into the Potomac River near Washington, D.C.
• Sierra Club v. Pruitt (ND CA): Led coalition of wood industry trade associations that intervened and resolved TSCA formaldehyde citizen suit, avoiding a multi-billion dollar loss through the continued sale of CARB certified wood products.
• Eden Environmental Citizen’s Group v. PBF Energy Limited (ND CA): Defense of CWA and RCRA citizen suit.
• Center for Water Security and Cooperation v. EPA (DDC): Lead plaintiff’s counsel that brought a FOIA suit against EPA, obtaining over 100 documents that the agency previously withheld.

Internal Investigations and Strategic Counseling

• Counsel hundreds of companies in highly regulated industries on compliance issues with the full range of federal environmental laws and regulations, including CAA, CERCLA, CWA, EPCRA, RCRA, and TSCA.
• Conducting numerous internal investigations on EH&S issues in highly-regulated industry sectors, including AI, auto, chemicals, food manufacturing, refining, and other complex manufacturing sites and supply chains.
• Counsel and defend hyperscalers and data center developers on EH&S compliance issues, including air, water, waste, and noise compliance issues and permitting.
• Represent OEMs and suppliers in NHTSA investigations and recalls for safety-related defects and FMVSS compliance.
• Advise and defend chemical companies, refiners, and battery manufacturers on TSCA issues, including PMNs, SNURs, CDR reporting, and the TSCA enforcement policy.

• Member, Automotive News Research & Data Center Advisory Committee (2021–2022)
• Leadership Council, Environmental Law Institute (2021–Present)
• Member, Environmental Editorial Advisory Board, Law360 (2019–2020)
• Chair, Environmental Regulation Committee, Energy Bar Association (2019–2020)
• Fellow, American Bar Foundation
• D.C. Bar, Steering Committee on Administrative Law and Agency Practice Section (2013–2016)
• Vice Chair, American Bar Association, Environmental Enforcement and Crimes Committee (2017–2018)
• Member, Society of Automotive Engineers (SAE)