Jane C. Luxton

Partner

  • location icon Washington, D.C.
    2112 Pennsylvania Avenue NW
    Suite 640
    Washington, D.C. 20037

Jane C. Luxton is a partner in the Washington, D.C. office of Lewis Brisbois and co-chair of the Environmental and Administrative Law Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.

Recent matters include:

  • Advising a major national company on advocacy efforts before the U.S. Department of Energy
  • Representing a multinational company in environmental litigation relating to the largest Superfund site in U.S. history
  • Leading and arguing an appellate challenge in the D.C. Circuit on administrative law grounds on behalf of companies and associations opposing a Securities and Exchange Commission final rule
  • Advising national trade associations in two major rulemaking proceedings before the Consumer Financial Protection Bureau
  • Representing a national trade association in federal environmental regulatory matters concerning chemically treated products and recycled materials

Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.

Publications

  • “The Devil They Knew – PFAS Contamination and the Need for Corporate Accountability,” (July 24, 2019), available at https://docs.house.gov/meetings/GO/GO28/20190724/109847/HHRG-116-GO28-Wstate-LuxtonJ-20190724.pdf
  • Quoted in “Trump’s Environment Team Learns to Embrace the ‘Deep State,’” Bloomberg Environmental (April 30, 2019), available at https://news.bloombergenvironment.com/environment-and-energy/trumps-environment-team-learns-to-embrace-the-deep-state
  • Co-author, “Regulating PFAS will be harder than you think,” Op-Ed, Pennsylvania Capital Star (April 10, 2019), available at https:///www.penncapital-star.com/commentary/regulating-pfas-will-be-harder-than-you-think-this-is-why-opinion, also featured in JD Supra, “Developing PFAS Standards and Toxicity Assessments – It Won’t Be Easy,” (March 26, 2019), available at https://www.jdsupra.com/legalnews/developing-pfas-standards-and-toxicity-64445/
  • Co-author, “Federal Management of PFAS Continues to Build,” (March 28, 2019), JD Supra, available at https://www.jdsupra.com/legalnews/federal-management-of-pfas-continues-to-51906/
  • Author, “Current Perspectives on Regulatory Reform,” The Rocky Mountain Mineral Law Foundation, February 2019.
  • Author, “PFA Liability:  Is the Auto Supply Industry at Risk?,” OESA Newsletter, at 15, Fourth Quarter 2018, available at https://www.oesa.org/news/oesa-news-2018-4th-quarter-edition-1
  • Co-author, “BUILD Act Presents New Opportunities and Potential Challenges for Brownfields Redevelopment,” AGC’s Environmental Observer, October 31, 2018, Issue No. 08-18.
  • Quoted in, “CFPB makes it official: Changes to payday rule coming in new year,” American Banker, October 2018.
  • Quoted in, “As Shops Prep for E-Delivery, Paper Groups Head Back to Court, Ignites, August 2018.
  • Quoted in, “CFPB path to unwinding payday rule riddled with legal land mines,” American Banker, August 2018.
  • Co-author, “Litigation Risk For Perfluorinated Chemicals Continues To Mount,” June 2018.
  • Co-author, “New York Federal Court Rules That The Bureau of Consumer Financial Protection Is Unconstitutional, Continuing A High-Stakes Debate,” June 2018.
  • Co-author, “EPA Requests Comment on Cost Benefit Analysis Approaches,” June 2018.
  • Co-author, “In Major Change, Regulatory Reform Comes to Tax Regulation,” JD Supra, April 2018.
  • Co-author, “If the CFPB Is Remiss, the Court Must Dismiss,” For the Defense, DRI, February 2018, (also featured in JDSupra August 30, 2017).
  • Co-author, “White House Deregulation Push Is Just Getting Started,” Law 360, January 2018.
  •  “Supply Chain Accountability: New Dimensions of Business and Legal Risk,” Risk & Compliance Magazine, Jan-Mar 2016.
  • Quoted in “Conflict Minerals: The Pressure Remains On,” Supply & Demand Chain Executive, September 2015.
  • “Conflict Minerals: A Second-Year Update,” ABA In-House Counsel Committee Newsletter, August 2015.
  • “What is SBREFA and Why Should You Get Ready for it Now?” Inside ARM, June 2015.
  • “Conflict Minerals: Why SEC Compliance Should Be the Least of Your Worries,” CSR Wire and Lexology, April 2014.

Professional Presentations

  • Speaker, “Current Perspectives on Regulatory Reform,” The Rocky Mountain Mineral Law Foundation -Natural Resources Development and the Administrative State: Navigating Federal Agency Regulation and Litigation, February 2019.
  • Speaker, ”Case Law Since New Bedford Harbor,” Natural Resources Symposium, September 2018.
  • Speaker, “Redevelopment Opportunities & Risk,” AGC of America - 2018 Construction Environmental Conference, September 2018.
  • Speaker, “Deconstructing the Regulatory State,” Washington College of Law online course faculty, July 2018, available at https://www.wcl.american.edu/academics/onlineed/online-courses/regulatory-cert/faculty/.
  • Speaker, “Federal Land Use: Onshore & Offshore Energy Development,” ELI Master Class, Environmental Law Institute, January 2018.
  • Presenter, “Administrative Law Boot Camp for Financial Services Lawyers,” ABA Business Law Section Annual Meeting, Chicago, IL, September 2017.
  • Presenter, “Regulation Here, There and Everywhere,” National Association of Manufacturers’ Annual Public Affairs Conference, Las Vegas, NV, March 2017.
  • Presenter, “How Changes in Washington Will Affect Regulatory Outcomes,” Community Financial Services Association of America (CFSA) 2017 Annual Conference & Expo, Palm Springs, CA, March 2017.
  • Presenter, “Consumer Regulation Regimes for 2017,” Credit Union National Association (CUNA) Governmental Affairs Conference, Washington, DC, February 2017.
  • Presenter, “Breakout: SBREFA, Its Impact on Rulemaking, and How You Should Be Involved,” 4th Annual InsideARM Larger Market Participant Summit, Washington, DC, April 2016.
  • Conflict Minerals and Supply Chain Accountability (video), February 2016, available at https://www.youtube/com/watch?v=ud_vS1WDeC8.  
  • Presenter, ABA Fall 2015 Administrative Law Conference, October 2015.

Admissions

  • State Bar Admissions
    • District of Columbia
  • United States District Courts
    • United States District Court for the District of Columbia
  • United States Courts of Appeals
    • United States Court of Appeals for the Fourth Circuit
    • United States Court of Appeals for the Eleventh Circuit
    • United States Court of Appeals for the District of Columbia Circuit
    • United States Court of Appeals for the Federal Circuit
  • United States Supreme Court

Admissions

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals, 4th & 11th Circuits

U.S. Court of Appeals, D.C. Circuit

U.S. Court of Appeals, Federal Circuit

U.S. District Ct., District of Columbia

Associations

  • American Bar Association
    • Administrative Law Section – Council Member (2015-2017), Co-Chair, Energy Law Committee (2016-present), Nominating Committee (2014, 2019)
    • Section on Environment, Energy, and Resources – Co-Chair, International Environmental Law Committee (2004-2005) 
  • District of Columbia Bar Association
  • Leadership Council of the Environmental Law Institute, Steering Committee Member, Women in Environmental Law and Leadership
  • The Fellows of the American Bar Foundation

Awards & Honors

  • Chambers USA – D.C. Environment – 2004-2007, 2009-2019
  • Best Lawyers in D.C. - Environmental Law (2006-2019)
  • Super Lawyers DC (2007-2009, 2013-2019)

Education

Cornell Law School, Ithaca, New York

Juris Doctor

Harvard University, Cambridge, Massachusetts

A.B., with Honors,

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