Brett Marston focuses his practice on enforcement and counseling, including:

  • regulatory counseling and litigation under the Clean Water Act, Oil Pollution Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
  • civil enforcement regarding mobile sources and fuels under the Clean Air Act;
  • contaminated site remediation and natural resource damages;
  • OSHA Hazard Communication standards and worker safety; and
  • TSCA Title VI counseling.

He also has extensive experience with counseling clients on environmental liability related to sales of businesses and property transactions.

Mr. Marston has an active pro bono practice. Representative matters include civil litigation related to the Maryland DREAM Act, employment discrimination and rental housing, and criminal representation in DC Superior Court.

Mr. Marston graduated magna cum laude and Order of the Coif from Georgetown University Law Center in 2009, where he served as Editor-in-Chief for the Georgetown International Environmental Law Review. Mr. Marston was a Fulbright Scholar in Germany from 1994-95, and he is fluent in German.

Experience

  • Fortune 500 company in connection with environmental risk, remediation of contaminated sites, natural resource damages, property transactions, and business sales and acquisitions.
  • BP in environmental matters and business and individual claims arising from the 2010 Deepwater Horizon oil spill in the Gulf of Mexico; member of Clean Water Act trial team.
  • Dow Chemical, representing the company in matters at the Tittabawassee River and Saginaw River outside of Midland, Michigan.
  • Sovereign government in environmental matters related to confidential international arbitration under bilateral investment treaty.
  • Not-for-profit educational organization in resolution of Clean Air Act civil enforcement matter related to asbestos emissions.
  • Global engine company in investigation of compliance with EPA and California testing requirements and resolution of enforcement proceedings.
  • Fuels company in investigation of compliance with EPA regulatory requirements and related enforcement proceedings.
  • Electronics manufacturer in appeal of EPA withdrawal of approval to participate in energy efficiency program.
  • Global company in acquisition of metals processing facility in bankruptcy.

Perspectives

Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases
American Bar Association
DOT Accelerates Toward Autonomous Driving, While Congress May Be Stopped in Traffic
Advisory
EPA Signals More Enforcement Cases for Aftermarket Parts Manufacturers
Advisory
Science and the Law: Admissibility of Scientific Evidence in NRD Cases
The Fifth Annual Advanced Conference on Natural Resource Damages, Washington, DC
Key Takeaways from EPA's Draft Assessment on the Potential Impacts to Drinking Water Resources from Hydraulic Fracturing Activities
Arnold & Porter Advisory

Credentials

Education
  • JD, Georgetown University Law Center, 2009, magna cum laude, Order of the Coif
  • MA, Yale University, 2007
  • MPhil, Yale University, 2007
  • AB, Davidson College, 1994, First Honor, magna cum laude
Admissions
  • District of Columbia
  • Maryland
  • US District Court, District of Columbia
  • US Court of Appeals for the Fifth Circuit
Languages
  • German
Overview

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