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Gary Baise, a principal at OFW Law, specializes in Clean Water Act (CWA), Clean Air Act (CAA), National Environmental Policy Act (NEPA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and Solid Waste Disposal Act (SWDA) litigation as well as agricultural corporate governance issues. He has defended clients, including farm producers, in several of the leading wetlands enforcement cases under the CWA in federal courts. He has served as lead trial counsel for port authorities, housing and commercial developers, municipalities, farm and construction equipment manufacturers, and chemical industries in defending them in federal and state courts in government enforcement activities and citizen suits. He serves as general counsel for U.S. Grains Council, Agricultural Retailers Association (ARA), National Association of Wheat Growers (NAWG), and National Sorghum Producers (NSP). Mr. Baise has over 30 years experience in government and private practice. He has represented agricultural associations, port authorities, housing and commercial developers, municipalities, and pharmaceutical, steel, farm, construction equipment and chemical industries.
Mr. Baise was the first Chief of Staff to the first US Environmental Protection Agency (EPA) Administrator and subsequently became director of the EPA's Office of Legislation. He served as executive assistant to the Acting Director of the Federal Bureau of Investigation, Associate Deputy Attorney General, and Acting Deputy Attorney General in the US Department of Justice.
He served as Chairman of the Virginia Air Pollution Control Board and Vice Chairman of the Virginia Water Control Board by appointment of the Governor of Virginia. Mr. Baise served as the only attorney on USDA's Agricultural Air Quality Task Force during terms of his appointment. Mr. Baise writes a weekly column, Defending Agriculture, for FarmFutures.com.
Areas of Practice:
Environmental Law
Agriculture Law
Corporate Governance
Bar Admissions:
Indiana
District of Columbia
U.S. Supreme Court
Education:
Indiana University, 1968
Juris Doctor
Western Illinois University, 1963
Bachelor of Science
Representative Cases :
Rose Acre Farms, Inc. v. North Carolina Department of Environment and Natural Resources, Division of Water Quality, Office of Administrative Hearings Raleigh, NC, Oct. 19, 2011
Pierson, e al. v. Bible Pork, Inc., Fourth Judicial Circuit Clay County, IL., Feb. 24, 2009
Sierra Club v. Hennessy, 695 F.2d 643
Sierra Club v. U.S. Army Corps of Engineers, 541 F.Supp. 1367
Action for Rational Tansit v. West Side Hghway Project, 536 F.Supp. 1225
Action for Rational Tansit v. West Side Hghway Project, 517 F.Supp. 1342
Commonwealth of Kenucky v Alexander & Indiana Port Commission, 655 F.2d 714
Bersani v. U.S. EPA, 674 F.Supp. 405
State of California v. Marsh & Port of Oakland, 687 F.Supp. 495
NRDC v. EPA, 824 F.2d 1146
U.S. v. Ehyl Corporation & Occidental Chemical Corporation, 761 F.2d 1153
Moon v. North Idaho Farmers Association, 140 Idaho 536
SAFE AIR FOR EVERYONE v. Meyer, 373 F.3d 1035 and 544 U.S. 1018
SAFE AIR FOR EVERYONE v. EPA, 2006 WL 3697684 (9th Cir.)
Professional Associations and Memberships:
Alliance for the Chesapeake Bay
American Bar Association
Chicago Club
District of Columbia Bar Association
Fairfax County Republican Committee
Indiana State Bar Association
Ocean Spray Cranberries, Inc. (2003-2004)
Virginia State Water Control Board (Vice-Chairman) (2000-2004)
Farm Foundation (Trustee and Chairman)
Illinois Agricultural Leadership Foundation
Publications:
Global Warming: The Truth is Out There, Environment & Energy Forum, June 2010.
Impacts of National Cotton Council of America vs. EPA AG Professional, March 2009.
New EPA Mandate! AG Professional, March 2008.
Ag Retailer, Employees Indicted in Federal Spray Drift Case, AG Professional, May 2006
Environmental Groups Distort Bush Record, Environment & Climate News, October, 2004.
Court Rulings Endanger Farmers' Use of Pesticides, Environment News, August 1, 2004.
War Waged Over Buffer Zones, AG Professional, April, 2004.
Court Finds Pesticide and Fire Retardant Spraying Are Subject to CWA Permits, AG Professional, September, 2003.
Tree Farmers Fight EPA Power Grab, Ag Retailer, April, 2003.
U.S. Supreme Court Regulates Plowing, Ag Retailer, March, 2003.
Spray Drift Danger Retailers Beware!, Ag Retailer, February, 2003.
Wetlands Jurisdiction Post-SWANCC Will Impact Landowners, Ag Retailer, December, 2002.
Supreme Court Private Property Rights Case Stirs Controversy, Ag Retailer, November, 2002.
Farming equals polluting, court says, Environment & Climate News, October, 2002. t
Farmers Can Defend Themselves Against Environmentalists,Ag Retailer, September, 2002.
Urban Lawns and Camel Noses, Dealer & Applicator, June/July, 2002.
Seize the Opportunity to Fight the Environmental Onslaught, Ag Retailer, March, 2002.
Does America Want to Keep Agriculture?, Progressive Farmer, Mid-March 2001.
Bridge Permit Changes Will Be Minimal, Better Roads, 1999.
Finding Our Roots, Facing Our Future: America in the 21st Century, joint author, published by Madison Books, 1997.
A Green Conversion, Review of The Making of a Conservation Environmentalist, by Gordon Durnil, published by Common Sense in 1995.
The Politics of Waste, published by University of Houston Institute for Business, Ethics, and Public Issues, in 1990.
EPA Regulatory Developments: Clean Air Act, Regulation of Toxic Substances, published by Government Institutes, Inc., December 8, 1997.
In the News:
Presentations:
American Clean Energy Security Act of 2009
Pesticide Application & the CWA: Is a permit needed?
Defending Agriculture Blog:
Please click here to view an archive of posts from Mr. Baise’s weekly blog.
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