Washington DC Administrative Lawyer
Stewart and Stewart
Located in Washington D.C., for over fifty years Stewart and Stewart attorneys have advocated on behalf of clients before the U.S. Government in the federal courts, in Executive Branch agencies, in independent regulatory commissions, and in Congress. They have acted on behalf of both domestic and international companies, labor unions, trade associations, and others. Our attorneys participate in agency investigations, work to modify or clarify new and existing agency regulations, or appear in courts following administrative decisions or rulemaking to obtain legal interpretations that are consistent with legislative intent. In addition, some Stewart and Stewart attorneys have previously served in significant positions within the U.S. agencies, commissions, and Congress. As a result, they have substantial experience and insights into policy-making and implementation, enforcement, and adjudication processes of the government.
Stewart and Stewart attorneys are particularly active in the following areas of administrative law:
Stewart and Stewart attorneys have participated in many rulemaking proceedings before federal agencies and work with clients closely throughout the entire rulemaking process, from monitoring relevant Federal Register notices to providing comments on proposed regulations and generally promoting our client’s position before the agencies, while also working to create a thorough and credible record that can withstand judicial review.
Rulemaking, most of which is governed by the Administrative Procedure Act (“APA”) 5 U.S.C. § 551, et seq., is the process by which federal government agencies promulgate new regulations. Rulemaking can take several forms, the most common of which is notice and comment rulemaking under 5 U.S.C. § 553. Sometimes agencies employ additional rulemaking options, which can be formal (with a hearing and a record) or a hybrid (meaning a process between formal and informal) rulemaking. Some agencies, notably the national security related agencies, engage in rulemaking activities or implement policy decisions under authorities not subject to the APA. In these cases, we advocate for our clients’ interests through established advisory committees and informal channels that often require familiarity with the agencies and their activities.
- Administrative Proceedings and Enforcement Actions
Administrative proceedings are non-judicial proceedings before federal bodies. Stewart and Stewart attorneys routinely represent clients in such matters and have the experience to help companies efficiently and safely navigate these complicated areas of the law. Our attorneys regularly appear before the International Trade Commission (“ITC”) and the Departments of Commerce, Treasury, the Office of the U.S. Trade Representative (or interagency groups headed by USTR personnel) and State on behalf of clients participating in a variety of administrative proceedings including antidumping and countervailing duty investigations, five-year reviews, changed circumstances reviews, safeguard actions, section 301 proceedings to protect U.S. rights vis-à-vis trading partners, export and import licensing applications, administrative enforcement investigations, and others.
Our attorneys have also represented clients in enforcement actions before such federal agencies as Commerce’s Bureau of Industry and Security, the Treasury’s Office of Foreign Assets Control, and the Department of Homeland Security’s Customs and Border Patrol Service, as well as proceedings by the Department of Defense and other agencies. These actions often involve compliance with various import and export controls or economic sanctions rules and can result in civil monetary fines, criminal penalties, and/or denial of certain privileges.
- Judicial Review of Agency Action
Stewart and Stewart attorneys have considerable experience representing clients in judicial review of agency actions. Our firm is frequently involved in appeals of decisions by the ITC and Commerce to the Court of International Trade (“CIT”), an Article III federal court with jurisdiction to decide a broad range of civil actions brought against the United States, its officers, or its agencies arising out of laws pertinent to international trade and other specialized areas of the law. In many cases, we also represent appellants or appellees in appeals of the decisions of the CIT to the United States Court of Appeals for the Federal Circuit (“CAFC”), also an Article III court, whose nationwide jurisdiction covers international trade as well as other administrative law cases, intellectual property cases, and cases involving money damages against the United States government. We have also represented clients seeking to appeal final decisions by the CAFC to the Supreme Court of the United States. The firm has also been involved in judicial challenges of agency regulations before the U.S. District Court for the District of Columbia and appeals to the U.S. Court of Appeals for the District of Columbia Circuit.
Stewart and Stewart