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Barry S. Neuman

Barry S. Neuman

Counsel

DC Office
701 Eighth Street, NW, Suite 410
Washington, DC 20001
neuman@clm.com
phone: 202-898-1515
fax: 202-898-1521 download v-card

Practice Areas

Pesticides Practice, Litigation, Environmental, Washington Office

Practice Description

Complex Litigation and Environmental Law

Education

  • B.A., 1971 University of Rochester (with High Distinction, Phi Beta Kappa, Rochester Prize Scholarship)
  • J.D., 1974 Boalt Hall School of Law (Developments Editor, Ecology Law Quarterly)

Admissions

  • 1975 New York
  • 1986 District of Columbia
  • 2001 Maryland
  • Various federal appellate and district courts

Affiliations

  • The District of Columbia Bar
  • Maryland State Bar Association, Inc.
  • The Association of the Bar of the City of New York

Awards/Honors

Publications Available on this website...

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

Additional Publications

“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 (co-author); “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 (co-author); “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 (co-author); “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

Presentations

"Global Warming Implications and Opportunities for Your Practice," Meritas Annual Conference, April 23, 2009; “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, April 20, 2006

Prior Experience

  • 1980-1985 Trial Attorney, U.S. Department of Justice, Land and Natural Resources Division, Environmental Defense Section (Special Achievement Award of the Attorney General; Special Commendation)
  • 1980-1985 Instructor, Trial Advocacy Institute)
  • 1978-1980 Attorney, Environmental Protection Agency (Office of the General Counsel)

Faculty

  • ALI-ABA’s Annual Environmental Litigation Conference, June 1996
  • Government Institute’s Course on Superfund, November 1990
  • ALI-ABA’s Annual Superfund, Hazardous Waste and -Toxic Substances Conference, October 1990
  • DC Bar Association’s Evening Program on Clean Water Act, February 1987

Notable Cases


  • Air Pegasus of D.C., Inc. v. United States, 424 F.3d 1206 (2005)
  • Seacoast Anti-Pollution League v. Costle, 597 F.2d 396 (1st Cir. 1979)
  • Kennecott Copper Corporation v. EPA, 612 F.2d 1232 (10th Cir. 1979)
  • Pennsylvania Department of Environmental Resources v. EPA, 618 F.2d 991 (3rd Cir. 1980)
  • Ford Motor Company v. EPA, 718 F2d 55 (D.C. Cir. 1983)
  • National Association of Metal Finishers et al. v. EPA, 719 F.2d 624 (3rd Cir. 1983), rev'd in part sub nom. Chemical Mfrs. Assoc. v. Natural Resources Defense Council, Inc. 430 U.S. 116 (1985)
  • Citizens for a Better Environment, Inc. v. Costle, 718 F.2d 1117 (D.C. Cir. 1984), cert denied sub nom. Union Carbide Corp. v. NRDC, 467 U.S. 1219
  • Ohio Power Company et al. v. EPA, 729 F.2d 1096 (6th Cir. 1984), cert denied, 469 U.S. 1034
  • American Mining Congress v. Thomas, 772 F.2d 640 (10th Cir. 1985), cert denied sub nom. United Nuclear Corp. v. Thomas, 476 U.S. (1986)
  • State of New York v. Gorsuch, 710 F.2d 1200 (6th Cir. 1983)
  • Vineland Chemical Company, Inc. v. EPA, 810 F.2d 402 (3rd Cir. 1987)
  • Save the Courthouse Committee v. Lynn, 408 F.Supp. 1323 (S.D.N.Y. 1975)
  • United States v. Vineland Chemical Company, 692 F.Supp. 415 (D.N.J. 1988)
  • United States v. Atlas Minerals and Chemicals, Inc., 1995 U.S. Dist. LEXIS 13097 (E.D. Pa. 1995)
  • HMSHost Corporation v. Zurich American Ins. Co. No 04-2079 (D.Md.), Mealey’s Litigation Report, March 2006