KATHLEEN MORIARTY MUELLER is counsel in Sidley’s Supreme Court and Appellate practice group. Ms. Mueller practices primarily in civil and constitutional litigation, with an emphasis on constitutional and administrative law. Prior to joining Sidley, Ms. Mueller served for years at the U.S. Department of Justice as both an Appellate Staff Attorney and a Trial Attorney for the Federal Programs Branch where she represented the United States in district and appellate court litigation challenging the constitutionality of federal statutes and regulations. Ms. Mueller graduated summa cum laude from Northwestern University School of Law, where she was Coordinating Notes and Comments Editor on the Northwestern University Law Journal. She served as a law clerk for Justice John Paul Stevens of the United States Supreme Court and Judge Patricia M. Wald of the United States Court of Appeals for the District of Columbia Circuit.
Recent cases include:
- Northern Plains Resource Council v. U.S. Army Corps of Engineers, Nos. 20-35412, 20-35414 & 20-35415 (9th Cir.) Represented TC Energy in litigation challenging Nationwide Permit 12, a nationwide Clean Water Act permit issued by the Army Corps of Engineers, on its face and as applied to the Keystone XL Pipeline.
- Indigenous Environmental Network v. U.S. Department of State, Nos. 18-36068, 18-36069, 19-35036, 19-35064 & 19-35099 (9th Cir). Represented TC Energy in litigation challenging the Presidential Permit for the Keystone XL Pipeline under the Administrative Procedure Act, the National Environmental Protection Act, and the Endangered Species Act.
- In re: Rail Fuel Surcharge Antitrust Litigation, No. 18-7010 (D.C. Cir. Aug. 30, 2019). Drafted brief for defendants in successful defense of district court’s denial of class certification in a case of alleged price-fixing where there was no common proof of injury.
- United States v. AT&T, Inc., 916 F.3d 1029 (D.C. Cir. 2019). Drafted portions of brief in successful defense of government’s Clayton Act challenge to AT&T’s merger with Time Warner, Inc.
- Carney v. Adams, Supreme Court No. 19-309. Drafted amicus brief for retired justices of the Delaware Supreme Court defending the constitutionality of a provision in the Delaware Constitution requiring that no more than a bare majority of judges on the supreme court and principal lower courts may be from the same major political party.
- Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Drafted petition for writ of certiorari and Supreme Court merits brief addressing whether a class may be certified when it contains uninjured class members.
- Kerry v. Din, 135 S.Ct. 2128 (2015). Drafted Supreme Court merits brief on question of whether an American citizen may challenge the denial of a visa to her spouse.
- United States v. Harkonen, 510 F. App’x 633 (9th Cir. 2013), cert. denied, 134 S. Ct. 824 (2014). Drafted appellate court briefs and petition for writ of certiorari addressing constitutional protection for scientific speech.
- In re: Rail Fuel Surcharge Antitrust Litigation, 725 F.3d 244 (D.C. Cir. 2013). Drafted briefs for defendants in successful interlocutory appeal vacating class certification in case of alleged price-fixing where plaintiffs had no reliable common proof of injury.