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Lawyers

Barry S. Neuman
Partner
1800 M Street, NW
Suite 450N
Washington, DC 20036
Phone: 202.659.6761
Fax: 202.327.6151
bneuman@wtplaw.com
Awards

Barry S. Neuman practices in the fields of environmental law and litigation, business litigation and arbitration, and administrative law. For 44 years, he has represented an extraordinary range of clients before federal and state trial and appellate courts and administrative agencies across the country, from state administrative bodies to the U.S. Supreme Court. His clients have included Fortune 50 companies, start-ups, and their officers and directors; governmental entities and public authorities at every level of government; trade associations and business coalitions; and citizen and community groups. On environmental matters, he has represented clients under all the major federal environmental statutes and state counterparts and in NRC licensing proceedings. His commercial litigation experience is similarly broad, spanning patent, copyright and trademark infringement litigation, software licensing disputes, internal investigations, corporate management disputes, commercial fraud and breach of contract matters, insurance coverage, and SEC enforcement.

Business Litigation and Disputes

  • Conducted 8-day jury trial involving alleged patent infringement on behalf of agrochemical company
  • Obtained $6.5 million  judgment on behalf of investment firm against high-tech start-up and its President in breach of contract action
  • Obtained $2.5 million jury verdict in E.D.Va. on behalf of former President of high-tech company in lawsuit alleging breach of contract/fraud by the company and its CEO
  • Represented high-tech company in litigation over terms of software licensing agreement
  • Represented shareholders and note holders of a tech company in successful effort to replace and restructure management
  • Represent shareholders of high-tech company in dispute with founder/majority owner
  • Represented manufacturer of innovative air pollution control technology in litigation alleging defective design and construction
  • Represented co-owner of educational consulting business in litigation against his former partner
  • Represent private equity company in trademark infringement action in federal district court

Environmental/Administrative/Regulatory Litigation

  • Dozens of data compensation arbitration proceedings under FIFRA (statute governing pesticide registration)
  • Represented major defense contractor as defendant in alleged property damage action arising from prior operations at manufacturing facility
  • Represented one of first defendants in RCRA "loss of interim status" government enforcement actions
  • Represented defendant/third-party plaintiff in 60-day trial seeking cost recovery/contribution under "Superfund"
  • Representation of numerous clients in litigation under National Environmental Policy Act and state counterparts
  • Represented manufacturer of innovative air pollution control technology in litigation brought by Los Angeles alleging defective design and construction
  • Represented major trade associations as amici in Clean Water Act citizen suits
  • Defended closely held corporation in federal criminal action alleging violations of Clean Water Act and FIFRA concerning alleged discharges of pesticide products into tributary of Potomac River
  • Represented four former EPA Administrators as amici curiae in Supreme Court case involving challenge to EPA's regulation of greenhouse gases
  • Represented trade association in judicial review of EPA's used oil regulations under RCRA
  • Represented major chemical companies in various EPA administrative enforcement actions
  • Conducted two-week administrative trial leading to successful overturning of state's revocation of water discharge permit
  • Represented various parties before the NRC and New York State PSC in various nuclear licensing proceedings, including the proceeding involving the proposed Yucca Mountain nuclear waste disposal facility
  • Represented community association in Maryland PSC licensing proceedings involving coal-fired power plant
  • Represented federal government and numerous private parties in judicial litigation involving challenges to agency administrative actions under National Environmental Policy Act and state counterparts
  • Represented Canadian public company in administrative enforcement proceeding before the Securities and Exchange Commission
  • While at Department of Justice, represented EPA and other agencies in dozens of judicial challenges to agency rulemakings

Insurance

  • On behalf of national hospitality company, successfully litigated a business interruption claim seeking lost profits arising from the closure of airports nationwide in the wake of the 9/11 attacks

Appellate

  • Argued regulatory takings case in Federal Circuit on behalf of owner of private heliport arising from flight restrictions imposed in wake of 9/11 attacks
  • Briefed and argued numerous appellate environmental cases under Clean Water Act, Clean Air Act, RCRA, NEPA and other environmental statutes

Intellectual Property Litigation

  • Represent agrochemical company in patent and copyright infringement action
  • Represent agrochemical company in copyright and unfair/deceptive trade practices action
  • Represented private equity company in trademark infringement action
  • Represented telecommunications company in patent infringement litigation

Mass Torts

  • Represented 200 residents of village in public nuisance claims against utility company arising from uncontrolled air pollution from coal-fired power plant

Alternative Dispute Resolution

  • Conducted dozens of arbitrations under AAA auspices
  • Numerous non-binding mediations

Clean Energy

  • Represented natural gas industry in negotiating and obtaining landmark legislation in Colorado to retire unregulated coal-fired power plants in Denver metro area, to be replaced by wind, solar and natural gas
  • Substantial experience in NRC nuclear licensing proceedings

Life Sciences

  • Counseling and litigating various issues concerning genetically modified seeds and related pesticides
  • Represent companies involved in biometric technologies

Recognitions

Listed in Washington, D.C., Super Lawyers, 2014 - 2016

Listed in Best Lawyers in America, 2008-present

Publications & Presentations

"Time Element Extensions of Business Income Coverage: New Lessons Apply in New and Old Contexts," Mealey's Litigation Report: Catastrophic Loss, July 2006

"Comment, American Trucking Ass'n v. Whitman," 17 EPA Administrative Law Reporter 262, March 2001

"When are Citizen Suits Precluded by Government Enforcement Actions?," Environmental Law Reporter, February 2000

"American Trucking Ass'n v. EPA; How Much Discretion is Too Much?," EPA Administrative Law Reporter, June 1999

"EPA's Comparable Fuels Exemption Under RCRA: Does it Spell Relief?," BNA Environment Reporter, December 13, 1996

"The Use of EPA's Civil Penalty Policies in Administrative Enforcement Actions," Environmental Corporate Counsel Report, November 1996

"Litigating and Managing the Multi-Party Superfund Cost Recovery Case," ALI-ABA's Environmental Litigation Conference, June 1996

"EPA's Suspension of the Used Oil Mixture rule: When May Agencies Avoid Notice-And-Comment?," Toxics Law Reporter, March 27, 1996

"No Way Out? The Plight of the Superfund Nonsettlor," Environmental Law Reporter, 1990

"Third Circuit Clears Way for National Pretreatment Program," Environmental Law Reporter, 1984

"Implementation of the Clean Air Act: Should NEPA Apply to EPA?," Ecology Law Quarterly, 1973

"Environmental Considerations," Construction Briefings, Federal Publications, Inc. No. 86-12, November 1986

"Recent Trends in Data Compensation," Spring Meeting of the Council of Producers & Distributors of Agrotechnology, February 25, 3013

"Global Warming Implications and Opportunities for Your Practice," Meritas Annual Conference, April 23, 2009

"Recent Developments in Climate Change Law," Urban Land Institute, March 2009

"Municipal and State Efforts to Ban or Otherwise Regulate the Transportation of Hazardous Materials," International Municipal Lawyers Association, September 2008

"Business Interruption Coverage Arising From Hurricanes and Other Disasters Such as the 9/11 Terrorist Attacks," Business Interruption Insurance Since September 11: Litigation Update, Strategies for Managing Disaster Risk and Recovery, Strafford Publication, March 2007

Memberships & Activities

Member: New York Bar

Member: District of Columbia Bar

Member: Maryland State Bar Association

Education

  • University of California at Berkeley, Boalt Hall School of Law (J.D. 1974)
    • Developments Editor, Ecology Law Quarterly
  • University of Rochester (B.A. 1971) with high distinction
    • Phi Beta Kappa