Cases
Experience: Representative Matters:
National Wildlife Refuge Association v. Rural Utilities Services National Wildlife Refuge Association v. U.S. Army Corps of Engineers (U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Western District of Wisconsin, respectively): Represented utility companies who own a proposed high-voltage transmission line project to improve delivery of renewable energy in the Midwest. Prevailed in defense against asserted challenges to federal agency right-of-way permit
nationwide permit verifications under NEPA, Clean Water Act, Endangered Species Act,
National Wildlife Refuge Administration Act. Drafted
argued dispositive briefs in the district court on behalf of clients, prevailing in district court on Clean Water Act
Endangered Species Act claims, then across-the-board on jurisdictional grounds in Court of Appeals. Drafted briefs filed in the U.S. Court of Appeals for the Seventh Circuit
argued on behalf of intervenors, obtaining multiple favorable rulings for clients in the Court of Appeals. Later prevailed on challenge to l
exchange approval for same transmission line in subsequent litigation under NEPA
National Wildlife Refuge Act.
Save Long Beach Isl
v. U.S. Department of the Interior (U.S. District Court for the District of Columbia): Represented amici nonprofit organizations, including trade association, that promote renewable energy in litigation involving challenge to BOEM's offshore wind energy leasing program in the New York Bight. Drafted amicus brief in support of motion to dismiss filed by government, which was granted.
Center for Biological Diversity v. Bureau of L
Management (U.S. Court of Appeals for the Ninth Circuit
the U.S. District Court for the District of Alaska): Represented an Alaska Native regional corporation as intervening defendant in case challenging oil
gas development on the North Slope under NEPA, Federal L
s Policy
Management Act,
Endangered Species Act (pending).
Northern Alaska Environmental Center v. Haal
Alatna Village Council v. Padgett (U.S. District Court for the District of Alaska): Represented an intervenor-defendant mining company in cases challenging permits for a new, state-constructed road in north-central Alaska that will cross federal l
s
water bodies. The plaintiffs asserted claims under NEPA, Federal L
s Policy
Management Act, Alaska National Interest L
s Conservation Act, the National Historic Preservation Act,
the Clean Water Act (pending).
Citizens Committee to Save Our Canyons. v. Utah Department of Transportation, Salt Lake City v. Utah Department of Transportation,
Friends of Alta v. Utah Department of Transportation (D. Utah): Represent a state transportation agency in three lawsuits challenging approval of gondola project
related transportation improvements. Plaintiffs assert claims based on National Environmental Policy Act, Department of Transportation Act,
National Historic Preservation Act (pending).
Institute for Fisheries Resources v. Bridgestone Americas, Inc. (N.D. Cal.): Represent a tire manufacturer concerning claims brought under Endangered Species Act based on manufacture of tires (pending).
Save Long Beach Isl
v. U.S. Dep't of Commerce (D.N.J.): Represented a trade association as amicus curiae in litigation involving NOAA's issuance of authorizations under Marine Mammal Protection Act to offshore wind companies with leases in New York Bight.
Conserve Southwest Utah, et al. v. U.S. Department of the Interior (U.S. District Court for the District of Columbia): Represented state transportation department in litigation brought to challenge federal agency approvals for the Northern Corridor, a highway that will cross federal public l
s in Washington County, Utah. Plaintiffs asserted claims under the National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act,
other statutes.
Center for Biological Diversity v. U.S. Bureau of L
Management (U.S. District Court for the District of Columbia): Represented a food
agriculture company in litigation brought to challenge multiple Bureau of L
Management decisions during tenure of political appointee whose appointment is challenged under the U.S. Constitution
Federal Vacancies Reform Act. Approval of plan of operations for client's mining project was among challenged agency decisions.
Wild Virginia v. U.S. Forest Service Wild Virginia v. Bureau of L
Management (U.S. Court of Appeals for the Fourth Circuit). Represented owner
developer of Mountain Valley Pipeline, an interstate natural gas pipeline, in litigation challenging Bureau of L
Management
U.S. Forest Service permits under NEPA, Mineral Leasing Act,
National Forest Management Act.
White Pine County, Nevada v. Bureau of L
Management Center for Biological Diversity v. Bureau of L
Management (U.S. District Court for the District of Nevada): Represented Bureau of L
Management in challenges to its approval of a groundwater development project
related pipeline system that would pump groundwater in eastern central Nevada
transport it to the Las Vegas area. Plaintiffs alleged violations of NEPA, the Federal L
Policy
Management Act, the National Historic Preservation Act, tribal trust responsibilities,
treaty rights. The defendants prevailed on the NHPA
NEPA claims related to cultural resources Stacey briefed.
Protect Our Communities Found. v. Black (U.S. District Court for the Central District of California): Represented BIA in Phase II of the Tule Wind Project. Plaintiffs challenged BIA's approval of a right-of-way through Indian trust l
s to construct turbines on the ridgeline. Drafted
argued the government's summary judgment motion. Federal defendants prevailed on those claims in an opinion affirmed by the Ninth Circuit.
Protect Our Communities Found. v. Jewell (U.S. District Court for the Central District of California): Community-based organizations challenged the approval of a right-of-way through Bureau of L
Management-managed l
s to construct part of the Tule Wind Project, a wind farm consisting of 85 turbines. In the Phase I challenge, involving turbines on Bureau of L
Management-managed l
s, the federal agencies prevailed after Stacey briefed
argued the NEPA claims on summary judgment. The case was affirmed on appeal by the Ninth Circuit.
North Dakota v. EPA (U.S. District Court for the District of North Dakota): Represented the EPA
the U.S. Army Corps of Engineers
h
led NEPA claim in the first case challenging the Clean Water Rule. Delivered argument at a preliminary injunction hearing in the District of North Dakota U.S. district court. Drafted or helped draft motions to stay, motions to dismiss,
briefs opposing supplementation in a number of related district court actions. Contributions recognized in a team AAG award.
Agdaagux Tribe of King Cove v. Jewell (U.S. District Court for the District of Alaska): Represented Department of Interior in challenge to Secretary's rejection of proposed l
exchange that would allow road through wildlife refuge in Alaska, which would connect remote community with an all-weather airport. Plaintiffs included State of Alaska
Native Villages. Obtained dismissal of multiple claims, including breach of trust claim against government, after motions
oral argument,
obtained summary judgment on the NEPA claims.
Chesapeake Action Climate Network v. Export-Import Bank of the United States (U.S. District Court for the District of Columbia): Represented Export-Import Bank in challenge to approval of loan guarantee to coal export company. Obtained transfer of case from venue where plaintiffs filed (N.D. Cal.), then won summary judgment after briefing cross-motions.
National Parks Conservation Ass'n v. Jewell (U.S. District Court for the District of Columbia): Represented National Park Service in challenge to approval of permits authorizing utility companies to upgrade power lines under NEPA
Park Service's Organic Act. Won summary judgment in favor of government after briefing cross-motions.
Black v. LaHood (U.S. District Court for the District of Columbia): Represented U.S. DOT in challenge to project proposed by District of Columbia Department of Transportation to convert decommissioned road through Rock Creek park into multiuse trail. Case dismissed based on government's motion.
Heart of America Northwest v. Chu (U.S. District Court for the Eastern District of Washington): Represented DOE in challenge to a proposal for environmental clean-up
remediation of Hanford Nuclear Reservation site under NEPA
CERCLA. Case dismissed from bench after oral argument on government's motion.
Earth Isl
Institute v. U.S. Forest Service (U.S. District Court for the Eastern District of California): Represented the Forest Service in NEPA
National Forest Management Act challenges to a timber sale
fire restoration project in the Lake Tahoe Basin area. Judgment in government's favor awarded after oral argument. District court decision upheld on appeal.
Laguna Hermosa v. United States (U.S. Court of Appeals for the Federal Circuit): Represented Bureau of Reclamation in Fifth Amendment takings claim brought by California corporation that constructed
operated a resort in the Lake Berryessa recreation area in Napa County, California, from 1958 until 2008 based on government's alleged failure to compensate for facilities it built while operating the concession. Motion to dismiss on jurisdictional
failure to state a claim grounds granted
decision affirmed on appeal.
Scherer v. United States (U.S. District Court for the District of Colorado): Represented Forest Service in challenges to its statutory authority to collect fees at designated recreation areas in Colorado.
Adams v. United States (U.S. District Court for the District of Arizona): Represented Forest Service in challenges to its statutory authority to collect fees at designated recreation areas in Arizona.
Latin Ams. for Social
Econ. Dev. v. Federal Highways Admin. (U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Michigan): Represented U.S. DOT in challenge by plaintiffs, including the owner of a private bridge, to approval of the Detroit River International Crossing.
Habitat Education Ctr. v. U.S. Forest Serv. (U.S. District Court for the Eastern District of Wisconsin): Two cases challenged vegetation management projects by Forest Service in the Chequamegon-Nicolet National Forest under NEPA
the National Forest Management Act. Obtained judgment in government's favor based on motions
oral arguments. As a result of rulings in prior cases, the Forest Service in this district had not been able to approve a major forestry project for several years. Both decisions upheld on appeal. Received Special Commendation for Outst
ing Service.
NRDC v. Chu (U.S. District Court for the District of Columbia): NEPA challenge to relocation of DOE facility in Kansas City for manufacture of non-nuclear parts for nuclear weapons. Judgment in government's favor awarded from bench after oral argument.
Government Service & High-Profile Investigations: Supervised a team of 10 trial lawyers at the Department of Justice, managing litigation related to federal l
resource management including nationwide docket of cases against U.S. Forest Service.
Served as Ethics Advisor to the White House Counsel's Office, providing guidance on compliance
ethical issues.
Counsel to the U.S. Senate Committee on Homel
Security & Governmental Affairs' special investigation into the government's response to Hurricane Katrina.
The above representations were h
led by Ms. Bosshardt prior to her joining Greenberg Traurig, LLP. Government Experience: U.S. Department of Justice, Environment
Natural Resources Section
Assistant Section Chief, 2016-2020
Senior Trial Attorney, 2012-2016
Trial Attorney, 2012
Ethics Advisor, The White House, Counsel's Office, 2009-2010
Counsel, U.S. Senate Committee on Homel
Security
Government Affairs, Special Investigation into Hurricane Katrina, 2005-2006
Trial Attorney, U.S. Department of Justice, Civil Division, Torts Branch, 2001-2005
