Jane Luxton

Managing Partner

Jane.Luxton@lewisbrisbois.com

Jane C. Luxton is the Managing Partner of Lewis Brisbois' Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, chair of the Environment, Land, & Natural Resources Law Practice, chair of the Administrative Law & Regulatory Practice, chair of the Per- and Polyfluoroalkyl Substances (“PFAS”) Practice, co-chair of the Sustainability and Environmental, Social, and Governance (ESG) Practice, and vice-chair of the Consumer Financial Services 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:

  • Successfully challenging in federal court agency denials of Paycheck Protection Program (PPP) loan and forgiveness applications, and currently representing clients in PPP appeals and a False Claims Act investigation
  • Advising clients on compliance with the Russia sanctions regime and supply chain transparency programs
  • Representing a multinational company in environmental litigation relating to the largest Superfund site in U.S. history
  • Advising clients on Environmental, Social, and Governance (ESG) issues
  • Representing a client in a Justice Department antitrust criminal investigation
  • 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, and representing a consumer financial services provider in a CFPB enforcement proceeding
  • Representing national trade associations in federal and state environmental regulatory matters concerning chemically treated products and recycled materials
  • Advising clients on compliance and advocacy efforts before a broad range of federal regulatory agencies
  • Serving as "first chair" in a two-day arbitration trial before a federal Board of Appeals in FEMA litigation

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.

Jane's experience includes "first chair" prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations. 

Primary Area(s) of Practice

  • Administrative Law & Regulatory Practice
  • Environment, Land, & Natural Resources Law
  • Per- and Polyfluoroalkyl Substances (“PFAS”)
  • Government Affairs & Public Policy
  • Government Investigations & White Collar Defense
  • Sustainability and Environmental, Social, and Governance (ESG) Practice
  • Antitrust & Competition
  • Ukraine Conflict Response
  • Supply Chain Due Diligence
  • SEC Enforcement & Litigation
  • Bank Default Response Team

Additional Experience

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

  • Listed in Best Lawyers in America® 2023-2024 — Environmental Law
  • Chambers USA, D.C. - Environment – Band 4, 2004-2007 & 2009-2024
  • Best Lawyers in D.C. - Environmental Law 2006-2019, 2021-2024
  • Super Lawyers D.C. - 2007-2009, 2013-2020

Professional Presentations

  • Presenter, "A Discussion on NMFS’s Regulatory Authority: Whales, Speed Limits, and Legal Questions," Regulatory Transparency Project (RTP) webinar, July 17, 2023
  • Presenter, “The Russia-Ukraine Conflict – A Legal Review," Dallas Bar Association, June 28, 2023
  • Moderator, “The SEC’s ESG Reporting Rule: Understanding the Debate over Climate-Risk Disclosure Requirements,” Regulatory Transparency Project, May 2, 2023
  • Presenter, "One Year of The Russia-Ukraine Conflict – A Legal Review," Lewis Brisbois Webinar, February 22, 2023
  • Moderator, "Returning to the Office and the Future of Work for Women,” Environmental Law Institute Women in Environmental Law and Leadership (ELI WELL), May 23, 2022
  • Speaker, "Going to Court: Climate Change Litigation Theories and Defenses," The Law Seminars International virtual panel - "Climate Change: Policy, Law, and Science" November 19, 2021.
  • Moderator, "The Value of Increased Women on Board," The Environmental Law Institute Women in Environmental Law and Leadership (ELI WELL), November 4, 2021.
  • Moderator, “Competition at a Crossroads: Will the Executive Order on Competition Advance Competition, or Restrict It?,” The Federalist Society and The Regulatory Transparency Project's webinar, September 9, 2021.
  • Moderator, “Government Investigations & White-Collar Enforcement in The Biden/Harris Administration – What to Expect and How to Prepare,” Lewis Brisbois' "60 for 60" webinar series, January 19, 2021
  • Speaker, National Clean Water Law & Enforcement Virtual Event, November 18, 2020.
  • Speaker, “An Interactive Administrative Law Experience: Effective Agency Engagement,” The American Bar Association's (ABA) 28th Fall Conference, October 22, 2020.
  • Speaker, CARES Act for Coalition of Franchisee Association Webinar, April 1, 2020
  • Speaker, moderated panel discussion on PFAS issues, The Toxicology Forum 44th Annual Winter Meeting, January 27, 2020.
  • Speaker and moderator, “The Value of Increased Women on Board,” Environmental Law Institute Webinar, September 2019.
  • Congressional Testimony, July 24, 2019.
  • Congressional Testimony, May 21, 2019.
  • 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.
  • Presenter, ABA Fall 2015 Administrative Law Conference, October 2015.

Education

Cornell Law School, Ithaca, New York

Juris Doctor

Harvard University, Cambridge, Massachusetts

A.B., with Honors,

Publications