Brett Marston focuses his practice on all aspects of environmental enforcement and counseling, including:

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

He also has extensive experience with aspects of environmental liability related to property transactions and sales of businesses. In addition, Mr. Marston also has experience with litigation under the Administrative Procedure Act.

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

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. He earned his master of arts and master of philosophy degrees in political science from Yale University, and an AB with First Honor (valedictorian) from Davidson College in 1994, where he concentrated in German literature. 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, and environmental aspects of lease and sale transactions.
  • BP in environmental matters relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico; member of trial team.

Perspectives

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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