Lynn Phan
Overview
Lynn T. Phan litigates and counsels clients on complex issues arising under the range of federal environmental statutes. In addition to helping clients navigate the administrative rulemaking process, her practice includes advising clients on complex compliance issues, defending against enforcement actions, and litigating agency rulemakings.
Career & Education
- U.S. Senate
Law Clerk to Senator Dianne Feinstein (D-CA), Senate Judiciary Committee, 2019
- U.S. Senate
- University of Texas at Austin, B.A., with high honors, 2016
- Georgetown University Law Center, J.D., cum laude, 2020
Executive Editor, Georgetown Environmental Law Review
- District of Columbia
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
Lynn's Insights
Client Alert | 3 min read | 01.26.23
Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023
As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime.
Publication | 06.23.22
Client Alert | 2 min read | 06.03.22
Representative Matters
- Representing agricultural producer in EPA and DOJ enforcement actions arising under the CWA and CAA.
- Representing crop protection companies and national trade associations in litigation challenging pesticide registrations under FIFRA and the ESA in federal district and appellate courts.
- Serving as environmental counsel to several companies across multiple CERCLA sites, including in allocation mediation proceedings and settlement negotiations.
- Representing national trade associations in litigation challenging EPA rulemaking under TSCA.
- Resolving claims by the DOE’s Office of Enforcement against manufacturing clients alleging violations of energy conservation standards under the Energy Policy Conservation Act.
- Preparing amicus briefs for the Supreme Court on behalf of trade associations regarding EPA’s authority to regulate greenhouse gases under the CAA.
Lynn's Insights
Client Alert | 3 min read | 01.26.23
Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023
As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime.
Publication | 06.23.22
Client Alert | 2 min read | 06.03.22
Insights
Biden’s Environmental Justice Push and Its Impact on Retailers’ ESG Considerations
|05.26.21
Crowell & Moring’s Retail & Consumer Products Law Observer
Lynn's Insights
Client Alert | 3 min read | 01.26.23
Appliance Manufacturers and Importers Should Prepare for Increased DOE Enforcement Activity in 2023
As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime.
Publication | 06.23.22
Client Alert | 2 min read | 06.03.22
