Green, Bart

Ms. Grant joined the Nordhaus Law Firm in August 1993 and is a partner in the firm's Washington, D.C. office, a full service office concentrating on environmental, natural resource, administrative and legislative work for Indian tribes.

Ms. Grant assists tribes in developing environmental programs and obtaining treatment as a state and primary enforcement authority from the U.S. Environmental Protection Agency. She has drafted tribal air quality, water quality, solid waste management, Superfund, safe drinking water, UST/AST, pesticides and hazardous materials legislation and related regulations; developed uniform permitting and review procedures; and worked to obtain EPA approval for the first tribal public water systems supervision program and EPA delegation of the first tribal Clean Air Act operating permit program.  Ms. Grant has worked to develop cooperative agreements with state and local governments for information-sharing and technical assistance. Ms. Grant successfully litigated Arizona Public Service Co. v. Environmental Protection Agency, 211 F. 3d 1280 (D.C. Cir. 2000), rehearing denied (July 12, 2000), cert. denied sub nom. Michigan v. EPA, 121 S. Ct. 1600 (2001) (upholding EPA's Tribal Authority Rule under the Clean Air Act and finding a statutory delegation to tribes of authority over air quality within the reservation), on behalf of intervenors Navajo Nation and Gila River Indian Community. In addition, she represented tribes' interests pertaining to visibility issues in the Grand Canyon and surrounding national parks; represented tribes on nuclear waste issues and hazardous materials transportation; and has assisted with environmental assessments.

Ms. Grant also litigates appeals before the Department of the Interior and in federal district courts and courts of appeals on tribal oil and gas matters, including royalty and volume determinations, and other administrative law issues.  She successfully litigated Burlington Resources, Inc. v. Dept. of the Interior, 21 F.Supp.2d 1 (D.D.C.1998) (upholding dual accounting requirement in tribal leases) and achieved significant settlements of oil and gas matters for tribe.  She has filed several amicus briefs before the U.S. Supreme Court, most recently in B.P. America Production Co. v. Burton, 127 S.Ct. 638 (2006), in which the Supreme Court upheld the tribal position.

Ms. Grant is the partner in charge of the firm's legislative activities in Washington, D.C. with Congress and administrative agencies, including the Department of the Interior and Environmental Protection Agency, on issues related to sovereignty protection, tribal jurisdiction, rights-of-way, and energy development, among others.

Ms. Grant formerly worked as a staff attorney at the Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C. (1989-1993) and, before that, as an associate at Newman & Holtzinger, P.C., Washington, D.C. (1981-1989).  While at EPA, Ms. Grant was on the team that drafted the Clean Air Act Amendments of 1990 and subsequently worked on various regulations implementing that legislation, as well as on litigation arising under the Clean Air Act.  She worked on the acid rain marketable allowance program and various radiation protection programs, as well as on a rule providing for delegation to Indian tribes of authorities under the Clean Air Art.  She is the author of two chapters in The Clean Air Act Handbook,  Robert J. Martineau and David P. Novello, eds. (American Bar Assoc. 1998): The Acid Rain Program and Delegation of Clean Air Act Programs to American Indian Tribes.  At Newman & Holtzinger, Ms. Grant's work focused on issues relating to the electric utility industry.  She negotiated power supply contracts between utilities and small power producers and cogenerators and litigated cases in the federal courts and before the Federal Regulatory Commission involving, among other issues, transmission access, cogeneration and general contract, negligence and products liability issues.

Ms. Grant attended Yale College (B.A. 1976, summa cum laude, Phi Beta Kappa) and Harvard Law School (J.D. 1981).  She is a member of the bar in Washington, D.C. and New Mexico and is admitted to practice before the U.S. Supreme Court; the U.S. Court of Appeals for the District of Columbia Circuit, the 9th Circuit, and the 10th Circuit; the U.S. District Court for the District of Columbia, the District of New Mexico, and the District of Colorado; and the U.S. Court of Federal Claims.