Stacey Bosshardt

With more than two decades of experience, Stacey Bosshardt is a “go to” litigator and strategist for complex environmental, natural resources, and public lands matters. Stacey represents mining, transmission, renewable energy, real estate, and governmental clients in high-stakes litigation and regulatory challenges throughout the country. She is recognized for her courtroom advocacy and her ability to help clients in litigation brought in an emergency posture; she has represented clients in dozens of motions for preliminary injunctive relief, summary judgment motions, and related appellate proceedings. Stacey also advises clients during the permitting process, drawing on her experience defending project decisions in court to create the most favorable record possible in the event a lawsuit is filed.

Stacey’s practice focuses on cases involving major federal environmental statutes, including the National Environmental Policy Act (NEPA), Endangered Species Act, National Historic Preservation Act, Clean Water Act, Federal Land Policy Management Act, Mineral Leasing Act, and Administrative Procedure Act. She is a frequent speaker and author on environmental and administrative law topics. Stacey regularly serves as lead counsel in litigation challenging permits, approvals, and plans for transmission lines, renewable energy facilities, pipelines, mining operations, real estate developments and major infrastructure projects. She also represents state transportation agencies.

Her government service includes roles as Assistant Section Chief and Senior Trial Attorney in the U.S. Department of Justice’s Environment and Natural Resources Division, where she supervised teams of trial lawyers and led dozens of cases defending federal agency decisions-often for agencies such as the Bureau of Land Management, U.S. Army Corps of Engineers, U.S. Forest Service, and Department of Transportation. Stacey also served as Ethics Advisor to the White House Counsel’s Office and as counsel to the U.S. Senate Committee on Homeland Security & Governmental Affairs’ special investigation into the government’s response to Hurricane Katrina, with a focus on climate-driven events and disaster preparedness.

Stacey’s litigation portfolio spans the country and includes defending federal approvals for roads or other rights-of-way across federal lands, energy and transportation projects, oil and gas development, mining, and real estate development. She has represented manufacturing clients in Endangered Species Act litigation and utility companies in landmark renewable energy delivery cases. Stacey is adept at briefing and arguing dispositive motions in federal district courts and appeals in circuit courts, including critical statutory and constitutional claims. Her deep command of environmental law and understanding of complex, multi-jurisdictional matters make her a trusted advisor for both public and private sector clients.

Concentrations

•Administrative litigation, including rule-making and permitting challenges.
•Federal regulation, reviews, and permitting under the Clean Air Act, Endangered Species Act, Federal Land Policy and Management Act, Mineral Leasing Act, National Environmental Policy Act, and National Historic Preservation Act
•Public Lands
•Federally funded projects and federal loan guarantees
•Energy and infrastructure projects, including due diligence, permitting, and NEPA review
•Natural resource mining, permitting and siting
•Government Affairs and Investigations
•Climate change regulation and policy
•Environmental compliance
•Electrical generation facilities (power plant and transmission line siting)
•Nuclear

Judicial Clerkships

•Hon. Lee P. Gagliardi, U.S. District Court for the Southern District of New York, 1995-1996

Recognition & Leadership

Awards & Accolades

•Recipient, U.S. Department of Justice, Civil Division, “Special Commendation for Outstanding Service,” 2020
•Recipient, U.S. Department of Justice, “Outstanding Performance Award,” 2011, 2014-2016, 2018-2019
•Recipient, Environment and Natural Resources Division, Team Award for “Waters of the United States” Litigation, 2016
•Recipient, Environment and Natural Resources Division, Team Award for Deepwater Horizon Litigation, 2011
•Recipient, Environment and Natural Resources Division, “Special Commendation for Outstanding Service,” 2009