Tyler L. Burgess | People | Arnold & Porter

Tyler Burgess focuses on environmental litigation, enforcement, and regulatory compliance matters. Ms. Burgess has experience practicing under a wide range of federal statutes, including the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and Clean Air Act (CAA), as well as related state analogs.

Before starting in private practice, Ms. Burgess was an honors trial attorney in the Natural Resources Section of the US Department of Justice (DOJ). At the DOJ, she defended federal agencies’ decisions under the National Environmental Policy Act (NEPA) as well as public lands, natural resources, and transportation funding laws. Ms. Burgess was twice awarded the Outstanding Performance Award for her work defending environmental reviews for major infrastructure projects.

Prior to law school, Ms. Burgess worked as an environmental consultant conducting wetland delineations and endangered species evaluations, designing mitigation plans, modeling climate change impacts, drafting NEPA documents, and securing environmental permits from federal, state, and local agencies. In addition, Ms. Burgess evaluated contaminated sites for potential inclusion on the National Priorities List (NPL) under CERCLA.

Focus Areas

Experience

Honeywell International in actions seeking contribution from oil companies for natural resource damages and cleanup costs for the remediation of Onondaga Lake in Syracuse, New York.
Chemours in toxic tort lawsuits brought by water utilities and homeowners alleging contamination of drinking water from perfluorinated chemicals (PFAS) at the company's facility in Fayetteville, North Carolina.
Renewable fuels manufacturer in petition for review of the US Environmental Protection Agency's Renewable Fuel Standard program rules.
Southeast Pennsylvania Transit Authority in dispute with Amtrak over rail corridor usage rights and property interests in the Northeast Corridor. Amtrak v. SEPTA, No. 1:19-cv-537 (D.D.C.).

Oil and gas exploration and production company on federal and state regulatory and permitting issues in response to oil spill off the coast of California.
Oil refinery in negotiating settlements with the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Philadelphia Air Management Services to resolve alleged violations of environmental laws following an explosion at the facility.
Major energy company on Federal Railroad Administration's Part 213 track safety regulations for plant rail lines.
Oil and gas exploration and production company in negotiating a Consent Agreement and Final Order with the U.S. Environmental Protection Agency regarding alleged violations of the Clean Air Act relating to methane leaks and the company's leak detection and repair program.
Commercial real estate company in evaluating the effect of the Hawaiian Homes Commission Act on extending the lease for a retail shopping center.

Tire distributor on starting a scrap tire recycling program in numerous states.
Metal and plastic container manufacturer in overseeing remediation of a contaminated manufacturing facility under a settlement agreement with the Georgia Environmental Protection Division.

Global private equity firm in analyzing environmental regulatory framework, California's Low Carbon Fuel Standard (LCFS) program applicability, and Section 45Q tax incentives for investment in carbon sequestration hub and direct air capture company.
Battery manufacturing company in environmental due diligence review and securing air permit for construction of lithium-ion-battery plant for electric vehicle batteries.
Major energy company CEO in hearing before the US House of Representatives Committee on Oversight and Reform addressing climate change and environmental justice issues.
Oil and gas companies in responding to inquiry from the US House of Representatives Committee on Science, Space, and Technology regarding methane leak detection and repair programs.

Federal Transit Administration in challenge by environmental group to FTA's environmental impact statement and grant agreement for the 16‐mile Purple Line light rail project in Montgomery and Prince George's Counties, Maryland. Friends of the Capital Crescent Trail v. FTA, Nos. 1:14‐cv‐1471 (D.D.C.) and 1:17‐cv‐1811 (D.D.C.).
US Forest Service and US Bureau of Land Management in fifteen cases in seven jurisdictions filed by industry, government, and environmental plaintiffs challenging the agencies' decisions implementing protections for the greater sage‐grouse. Otter v. Jewell, No. 1:15‐cv‐1566 (D.D.C.) and related cases.
US Army Corps of Engineers in Fifth Amendment takings challenge brought by developer for a Clean Water Act Section 404 permit denial when the proposed development did not constitute the Least Damaging Practicable Alternative (LEDPA) due to impacts to mangroves and manatees. Lemon Bay Cove, LLC v. United States, No. 1:17-cv-436 (Fed. Cl.).
Federal Transit Administration in challenges by business owners and community members to FTA's authorization of a bus rapid transit project on Route 66 in downtown Albuquerque. Mew Mexico. Coalition to Make Art Smart v. FTA, No. 1:16‐cv‐252 (D.N.M.); Bautista v. FTA, No. 1:16‐cv‐354 (D.N.M.).
Federal Highway Administration in challenges by homeowner's associations and Tribe challenging FHWA's authorization of the South Mountain Freeway extension of Interstate 10 in Phoenix. Protecting Arizona's Resources and Children v. FHWA, No. 2:15-cv-893 (D. Ariz.); Gila River Indian Community v. FHWA, No. 2:15-cv-1219 (D. Ariz.).

US Forest Service in challenge by environmental group to the agency's grant of a special use permit allowing for Enbridge's Line 5 pipeline to cross the Huron-Manistee National Forests in Cadillac, Michigan. Sierra Club v. USFS, No. 1:15-cv-10154 (E.D. Mich.).
US Forest Service and US Fish and Wildlife Service in challenge to the Smokey Fuels Project on the Mendocino National Forest regarding impacts on the Northern spotted owl, which is listed as threatened under the Endangered Species Act. Conservation Congress v. USFS, No. 2:13-cv-1977 (E.D. Cal.).
US Surface Transportation Board in certified class action consisting of over 350 landowners adjacent to a rail corridor in King County, Washington alleging Fifth Amendment takings of rail corridor easements and other property rights for trail use under the National Trails System Act. Haggart v. United States, No. 1:09‐cv‐103 (Fed. Cl.).

Perspectives

December 14, 2023

Welcome to the Neighborhood: Implications of Clean Water Act Section 401 Water Qualification Certification Improvement Rule for Tribal Nations

Speaker, American Bar Association’s Community Conversation

October 5, 2023

Environmental, Social, Governance: The Professional's Guide to the Law and Practice of ESG

November 2, 2022

Clean Water Act

CCUS Projects & Environmental Law: The US Regulatory Landscape Affecting CCUS, EUCI

June 7, 2022

Biden-Harris EPA Announces Clean Water Act Rule to Re-Empower States and Tribes

Environmental Edge: Climate Change & Regulatory Insights

April 21, 2022

CEQ’s Phase I Rule Sets Back Trump Administration Changes to NEPA Regulations

Environmental Edge: Climate Change & Regulatory Insights

Recognition

Best Lawyers

"Ones to Watch" — Environmental Law (D.C.) (2021-2024)

Capital Pro Bono Honor Roll

(2019-2021)

North Carolina Pro Bono Honor Society

(2019-2021)

Credentials

Education

J.D., University of North Carolina School of Law, with honors
M.S., Horticultural Science, North Carolina State University
B.S., Forest Resources, University of Washington

Admissions

District of Columbia
California
North Carolina

Government & Military Service

Honors Trial Attorney, Natural Resources Section, US Department of Justice

Activities

Vice Chair, Section on Environment, Energy, and Resources, Water Quality and Wetlands Committee, American Bar Association (2022-2023)
White House Council on Environmental Quality Federal Interagency Working Group (2017-2018)
Federal Interagency Working Group on Environmental Justice (2016-2018)