PRINCIPAL, W.H. FAWCETT, LLC, July 2005 to Present
Provide government relations and legal representation and
counseling to clients in a variety of diciplines, including
environmental, natural resources, energy, internet, trade and
appropriations. Negotiate with, consult and advise federal
policymakers on behalf of clients before an assortment of
federal agencies including the Departments of Agriculture,
Energy, Interior, Justice, and the Environmental Protection
Agency. Represented clients before the United States
Senate and House of Representatives.
AREAS OF EMPHASIS
• Executive branch
affairs
• Federal and state
legislative analysis, drafting and lobbying
• Project management
and strategic counseling
• Coalition
management and direction
Currently serving
as Policy Advisor to United States Senator Mike Crapo on
Endangered Species Act Legislation after introduction and
referral to the Senate Finance Committee.
PARTNER, PERKINS COIE LLP, Washington, D.C. 1998-2005
PRIVATE PRACTICE REPRESENTATIVE ACCOMPLISHMENTS
Two national energy companies were refused permits to
construct geothermal energy production facilities on mineral
patents leased from the federal government. When brought into
the case, the companies were in litigation over the refusal of
the Bureau of Land Management (BLM) and the Forest Service to issue permits. Worked with
both Department of Agriculture and the Department of
Interior to reverse their decisions after analyzing the
patents, records of decision and the likelihood of prevailing on
the merits. Following negotiations with the Department of
Justice, Civil Division, the desired permits were issued.
Following the repair of an energy producing gas-fired
turbine, a northwest energy company sought assistance in
addressing EPA’s "new source review" requirements. Negotiated a mutually amicable agreement between the client and
the EPA in record time relieving the client from payment of
accrued penalties. The client’s needs were fulfilled prior to
publication of the Administration’s "Clear Skies Initiative."
After almost thirty years of disagreement with the Fish
and Wildlife Service, W.H. Fawcett LLC was retained by a major San
Francisco Bay area city to handle the development of a National
Wildlife Refuge. Following scoping interviews with local Bay area
environmentalists and other community stakeholders, an
innovative City Plan was proposed that was adopted in its
entirety by the Fish and Wildlife Service in their
environmental impact statement on the National Wildlife Refuge
plan.
Utilized Appropriations Committee Bills to protect a
regional mining company’s Midwest operations, secured funding
for a major Northwest city’s transportation plan, and directed
the Fish and Wildlife Service to report to Congress on
the Endangered Species Act.
Expanded a one-person branch office of Perkins Coie LLP,
in Boise, Idaho. Conducted interviews and recommended
individuals for retention. Contacted CEO’s and corporate counsel
of Fortune 500 companies headquartered regionally and sought
their advice on the nature of legal services needed in that
market. Identified and interviewed top-flight legal/management
personnel. A successful business-oriented Perkins Coie office is now
a rapidly growing law firm in Boise, Idaho.
RELEVANT RELATED EXPERIENCE
President George Bush, Transition Advisory Committee,
Department of Interior, 2001.
Governor-elect Dirk Kempthorne, Transition Team,
Sub-committee on Natural Resources and the Environment, Chairman,
1998.
OFFICE OF U.S. SENATOR DIRK KEMPTHORNE, Washington, D.C.,
Legislative Director and Counsel, 1993-98.
FEDERAL SERVICE ACCOMPLISHMENTS
• Unfunded Mandates Reform Act of 1995, S.1 (Principal
negotiator, drafter and staff conference chairman on legislation
limiting the authority of the federal government to impose
federal unfunded mandates on States. Signed into law by the
President, March 22,
1995.)
• Safe Drinking Water Act Amendments of 1996, S. 1316
(Principal negotiator, drafter, and Senator Kempthorne’s team
leader. Signed into law by the President, August 6, 1996)
• Endangered Species Recovery Act of 1997, S.1180
(Principal negotiator, drafter, and Senator Kempthorne’s team
leader of bipartisan legislation to improve the Endangered
Species Act. Bill reported out by Environment and Public Works
Committee.)
• Development of a wide-range of policy and strategic
initiatives on a widely diverse basis of issues as Legislative
Director for a United States Senator.
1985 - 1993 – Boise City Attorney, Boise, Idaho -
Represented city departments in diverse practice, including
criminal prosecutions, labor negotiations, contracts, planning,
zoning and development, finance, defense of claims, and federal
regulatory compliance. Developed legal framework for
revitalization of Boise City, including comprehensive planning,
property acquisition and legislative initiatives. Managed an
office of 21 employees, including 13 attorneys and support staff
and prepared
and administered annual departmental budget. President of the
Idaho Association of City Attorneys. State President, National
Institute of Municipal Legal Officers.
1982 - 1985 - Deputy City Attorney - Managed civil legal
operations and supervised civil legal staff. Practice included
planning, zoning and development and federal regulatory
compliance.
1980 - 1982 -Assistant City Attorney - Criminal
prosecutions for Boise City in jury (33 and 1) and bench (246)
trials.
SPEECHES AND PAPERS
"Pinchot: Cause and Effect," an analysis of "adverse
modification" under the Endangered Species Act (May, 2005).
"Water Diversions And Conveyances Under The Clean Water Act",
prepared for Western Urban Water Coalition, American Water Works
Association, Association of Metropolitan Water Agencies.
National Water Resources Association (January 2005).
"Federal Legislative Process," Georgetown University (March
2002).
"Federal Legislation Reforming Internet Privacy," Internet
Law Section, Practicing Law Institute (July 2001).
"A Life Cycle Solution For Salmon, Saving a Pacific Northwest
Heritage" (March 1999).
"S.1180: Prospects for Reform and Its Impact on Colorado
Water," Colorado Water Congress (November 1998).
"An Overview of the Endangered Species Act," Urban Land
Institute (May 1997).
"Organizing Effective Lobbying in Washington, D.C.," Urban
Land Institute (May 1997).
"Endangered Species Act Reform and Water Rights," National
Water Resources Association (April 1997).
"Endangered Species Reform in the 104th Congress," National
Association of Homebuilders (March 1997).
"Challenges to the Northwest in Resource Development,"
Pacific Northwest Waterways Association (March 1997).
"Agriculture and the Endangered Species Act," Idaho Farm
Bureau (February 1997).
"Implications for the Electric Industry of Endangered Species
Reform," Edison Electric Institute (January 1997).
"The Environmental Agenda and the Endangered Species Act,"
Intermountain Forest Industries Association (December 1996).
"An Overview of the Unfunded Mandates Reform Act," National
Conference of State Legislatures (July 1995).
"The Congressional Environmental Agenda," National Governors
Association (May 1995).
"Federalism: Looking to the Courts," National Institute for
Municipal Legal Officers (April 1994).