Phillip R. Dupré
Counsel
Phillip Dupré is an environmental lawyer who brings a decade of experience as a trial attorney in the U.S. Department of Justice’s Environment and Natural Resources Division to help clients understand, navigate and comply with federal environmental laws. He supports businesses in regulatory matters before both state and federal environmental agencies. He represents companies in environmental enforcement actions, as well as citizen suits. He has extensive experience in federal circuit court defending the U.S. Environmental Protection Agency’s rules and regulations, which helps him in representing clients before the EPA in federal rulemaking and potential challenges to those rulemakings.
Experience
- Successfully defended EPA’s decision declining to revoke the tolerances for the pesticide chlorpyrifos under the Federal Food, Drug, and Cosmetics Act. LULAC v. Wheeler, 899 F.3d 814 (9th Cir. 2018), subsequent proceeding, 922 F.3d 443 (9th Cir. 2019; en banc).
- Successfully defended EPA’s regulations overseeing state procedures for creating and running air monitoring networks under the Clean Air Act. Sierra Club v. EPA, 925 F.3d 490, 492 (D.C. Cir. 2019).
- Successfully defended EPA and USACE’s revised definition of Waters of the United States against a challenge by a consortium of states in the Northern District of California. California v. Wheeler, 467 F. Supp. 3d 864 (N.D. Cal. 2020).
- Successfully defended a decision by the U.S. Army Corps of Engineers to expand a reservoir against challenges under NEPA and the Clean Water Act. Audubon Soc'y v. U.S.A.C.E., 2017 WL 6334229, at *1 (D. Colo. 2017), aff'd, 908 F.3d 593 (10th Cir. 2018).
- Represented federal agencies in complex litigation under CERCLA at contaminated sites throughout the country.