Mike Schon focuses on environmental regulatory solutions and litigation. He has deep experience litigating major environmental matters under the Clean Air Act, Clean Water Act, CERCLA, and other statutes. Mr. Schon also works regularly with administrative agencies to find lasting solutions to regulatory problems.
Before joining Lehotsky Keller Cohn LLP, Mr. Schon served as the Chief Counsel for Environment and Energy Litigation with the U.S. Chamber Litigation Center. In that role, he led the Chamber’s efforts to challenge state and federal administrative decisions that harmed the business community. Mr. Schon also handled defense of beneficial regulatory reforms, served as counsel on hundreds of amicus curiae briefs in state and federal courts, and advised the Chamber’s policy staff on rulemaking and regulatory advocacy.
Prior to joining the U.S. Chamber, Mr. Schon headed regulatory affairs and litigation for the cement industry’s national trade association, the Portland Cement Association. In that role, he planned and directed the association’s regulatory advocacy in all areas, but especially environmental and workplace safety. With a particular emphasis on Clean Air Act matters, Mr. Schon worked with member companies to develop and execute strategies, policies, and solutions to regulatory problems.
Mr. Schon previously worked in Baker Botts LLP’s Washington, D.C. office, representing top energy and manufacturing companies in complex environmental and regulatory litigation and advising them on compliance matters. His work earned him recognition as a “Rising Star” by Washington, D.C. Super Lawyers magazine in 2014 and 2015.
He also served as a Trial Attorney in the U.S. Department of Justice’s Environment and Natural Resources Division, through the Attorney General’s Honors Program. Mr. Schon represented the United States in affirmative and defensive litigation under an array of environmental statutes, including the Clean Water Act, CERCLA, and the Clean Air Act. The Division awarded him a Special Commendation for Outstanding Service for his trial and appellate work.
Mike started his legal career clerking for Judge Patricia K. Norris of the Arizona Court of Appeals.
Court Admissions
District of Columbia Bar
Arizona Bar
Unites States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Ninth, and District of Columbia Circuits
United States District Court for the District of Arizona
Representative Experience
Clean Air Act
Led U.S. Chamber’s efforts to intervene in defense of EPA’s withdrawal of the Clean Power Plan under Section 111(d) of the Clean Air Act. American Lung Ass’n v. EPA, No. 19-1140 (D.C. Cir.)
Successful defense, as intervenor, of EPA’s 2015 primary standard under the 2015 ozone NAAQS. Sierra Club v. EPA, 936 F.3d 597 (D.C. Cir. 2019).
Successful challenge to flawed National Emissions Standards for Hazardous Air Pollutants. Portland Cement Ass’n v. EPA, 665 F.3d 177 (D.C. Cir. 2011)
Successful defense as intervenor of National Emission Standards for Hazardous Air Pollutants. Natural Resources Defense Council v. EPA, 749 F.3d 1055 (D.C. Cir. 2014).
Successfully advocated for revisions to the National Emission Standards for Hazardous Air Pollutants from Portland Cement manufacturers to provide for compliance alternatives. E.g., 81 Fed. Reg. 48,356 (July 25, 2016); Alternative Test Method 120, approved by Letter from Steffan Johnson, Group Leader Measurement Technology Group, U.S. EPA to Michael Schon (June 28, 2016) available at https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods.
Handled expert and fact discovery, dispositive and pretrial motions, and trial preparation in defense of New Source Review claims brought against electric generating units and cement kilns. Sierra Club v. PPL Montana LLC, No. 1:13-cv-0032 (D. Mont.); United States v. Holcim, No. 1:11-cv-01119 (D. Md.); New Jersey v. Reliant Energy Mid-Atlantic Power Holdings, et al., No. 07-cv-5298 (E.D. Penn.).
Coordinated Portland Cement Association’s response to data gathering, modeling and expert analyses, and comments on EPA’s residual risk and technology review of hazardous emissions standards, resulting in no change to emission limits.
Provided counseling, investigation, and response regarding requests for information about compliance from the U.S. EPA under Section 114 of the Act for multiple stationary sources in the power and manufacturing sectors.
Clean Water Act
Led the U.S. Chamber’s amicus efforts to oppose the so called “hydrologic connection” or “conduit theory” for expanding Clean Water Act liability. E.g., County of Maui v. Hawaii Wildlife Fund, 139 S. Ct. 1164 (2019); Kentucky Waterways Alliance v. Kentucky Utilities Co., 905 F.3d 925 (6th Cir. 2018).
Led the U.S. Chamber’s amicus efforts to assist lower courts in correctly applying the new “functional equivalent” test for determining Clean Water Act jurisdiction in certain circumstances. E.g., Upstate Forever v. Kinder Morgan Energy Partners, L.P., No. 17-1640 (4th Cir.); Prairie Rivers Network v. Dynegy Midwest Gen., LLC, No. 18-3644 (7th Cir.).
For the United States, second-chaired complex and successful Clean Water Act Section 404 enforcement trial involving natural gas pipeline installation, securing over $1 million in civil penalties and injunctive relief. United States v. MasTec, Inc., No. 6:06-cv-06071 (D. Or.)
CERCLA
Served as counsel for energy companies in negotiations with EPA and other potentially responsible parties at sediment sites.
Served as counsel for the United States in negotiations with private parties to resolve liability as a potentially responsible party.
Led counseling, investigation, and response regarding requests for information under Section 104(e) of the Act.
TSCA
Served as a member of the U.S. EPA’s Chemical Data Reporting Negotiated Rulemaking Committee under TSCA (2017).
As part of intervenor group, defended against challenges to the risk evaluation and inventory reset rules. Safer Chemicals, Healthy Families, et al. v. EPA, No. 17-72260 (9th Cir.); Environmental Defense Fund v. EPA, No. 17-1201 (9th Cir.).
Administrative law
Coordinated multi-association effort to defend, as intervenors, Council on Environmental Quality’s 2019 reforms to the National Environmental Policy Act regulations in multiple jurisdictions. E.g., Wild Virginia v. Council on Environmental Quality, No. 3:20-cv-00045 (W.D. Va.); Environmental Justice Health Alliance v. Council on Environmental Quality, 1:20-cv-06143 (S.D.N.Y.); Alas. Community Action on Toxics v. Council on Environmental Quality, No. 3:20-cv-05199 (N.D. Cal.).
Led the U.S. Chamber’s amicus efforts on the scope of injunctive relief for NEPA failures by federal agencies. Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, No. 20-5197 (D.C. Cir. 2021),
Led the U.S. Chamber’s amicus efforts to defend Postal Regulatory Commission order requiring disclosure of international shipping rates honored by the U.S. Postal Service. United States Postal Serv. v. Postal Regulatory Comm’n, 963 F.3d 137 (D.C. Cir. 2020).
Education
J.D., Arizona State University Sandra Day O’Connor College of Law, 2004, cum laude
Pedrick Scholar
Staff Writer, Arizona State Law Journal
President, Environmental Law Society
B.A., Philosophy, Northern Arizona University, 1999, magna cum laude