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Amanda Shafer Berman

Partner | She/Her/Hers

Overview

Recognized for her excellence in briefing and oral advocacy, Amanda Shafer Berman is a go-to appellate lawyer for mission-critical cases. Amanda has argued over 25 cases in federal appellate courts, covering most circuits, in addition to handling many cases in federal district courts and state courts of appeal. She draws on her extensive appellate and district court experience to achieve successful outcomes for clients in litigation addressing subjects as varied as climate change, civil rights, consumer protection, trade, and education.

Amanda is co-leader of the firm’s Appellate Practice and vice chair of the Environment and Natural Resources Group. She has particular experience with climate, air, energy, and other regulatory cases in the appellate courts as well as litigation over agency actions in the district courts. Amanda also advises and litigates for education clients, which must navigate a maze of federal and state regulatory obligations and are uniquely susceptible to adverse agency actions and private suits asserting claims ranging from breach of contract to gender discrimination.

Prior to joining Crowell & Moring in 2019, Amanda was a senior attorney in the Department of Justice’s Environmental Defense Section. At DOJ, she briefed and argued seminal environmental matters in the appellate courts, including the first greenhouse gas regulations for industrial sources and the Clean Power Plan, which Amanda defended before the en banc D.C. Circuit.

Amanda is a five-time recipient of the Assistant Attorney General’s Award for Excellence and sits on the D.C. Circuit’s Advisory Committee.

Career & Education

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    • Department of Justice: Environment and Natural Resources Division
      Senior Attorney, Environmental Defense Section, 2009–2019
    • Department of Justice: Environment and Natural Resources Division
      Senior Attorney, Environmental Defense Section, 2009–2019
    • Johns Hopkins University, B.A., cum laude, Phi Beta Kappa, 2001
    • Georgetown University Law Center, J.D., cum laude, 2004
    • Johns Hopkins University, B.A., cum laude, Phi Beta Kappa, 2001
    • Georgetown University Law Center, J.D., cum laude, 2004
    • District of Columbia
    • New York
    • Supreme Court of the United States
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • District of Columbia
    • New York
    • Supreme Court of the United States
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
  • Professional Activities and Memberships

    • Appointed to the D.C. Circuit’s Advisory Committee on Procedures, 20172020
    • Adjunct Professor at Howard University School of Law, 20072013

    Professional Activities and Memberships

    • Appointed to the D.C. Circuit’s Advisory Committee on Procedures, 20172020
    • Adjunct Professor at Howard University School of Law, 20072013
[Amanda is] a very strong advocate and a terrific brief writer…a stellar writer who crystallizes complex issues into simple, digestible sentences.

Chambers USA

Representative Matters

Climate, Energy, and Environmental

  • Arguing on behalf of an aircraft manufacturer before the D.C. Circuit in litigation addressing the EPA’s first-ever greenhouse gas regulations for commercial planes.
  • Defense of a municipal water authority client’s expansion of a hydropower project, dam, and reservoir in district court and before the 10th Circuit.
  • Arguing successfully on behalf of several major chemical companies in defense of EPA pesticide registration decisions before the 9th and D.C. Circuits.

Appellate and Administrative Law

  • Challenging and defending, on behalf of an ERISA plan administrator, a series of district court decisions regarding mental health benefits claims before the Tenth Circuit.
  • Successfully defending, in the 5th Circuit, a favorable decision below on behalf of a major beverage company in a trademark suit.
  • Barring application of USTR and Presidential actions seeking to apply tariffs to utility-grade solar panels through litigation at the Court of International Trade, and defense of the CIT’s decision in our client’s favor before the Federal Circuit.
  • Successfully arguing before the 4th Circuit on behalf of an asylum-seeker, resulting in a precedential decision addressing several important points of immigration law.

Education

  • Representing an Ivy League university in challenges to student disciplinary decisions brought under Title IX in federal district court.
  • Submitting a Supreme Court amicus brief on behalf of HBCU leaders arguing in support of allowing some consideration of race in university admissions decisions.
  • Advising a financial institution that supports the Department of Education in responding to inquiries from state regulators.
  • Representing an HBCU in defending Title VI, contract, and other claims in federal court.
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