Areas of Practice
  • University of California, Berkeley School of Law (Boalt Hall), J.D., 1993, Recipient of Environmental Certificate, Associate Editor, Ecology Law Quarterly
  • University of California - Berkeley, B.A., with honors, 1986, Political Science
Judicial Clerkships
  • Hon. Judith W. Rogers, US Court of Appeals, DC Circuit, 1993-1994
Bar & Court Admissions
  • District of Columbia
  • Pennsylvania
  • DC Circuit
  • Fifth Circuit
  • Ninth Circuit

Cynthia L. Taub

1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 8133
FAX: +1 202 429 3902

Cynthia L. Taub leads the National Environmental Policy Act (NEPA) and infrastructure practice and handles a wide range of environmental regulatory and litigation matters, with an emphasis on biocides regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and permitting and litigation under NEPA.  She has significant experience with wetlands permitting issues under the Clean Water Act (CWA), as well as Endangered Species Act (ESA) consultations and litigation.

National Environmental Policy Act
Ms. Taub has been actively involved in the development of NEPA compliance strategies for clients, including working with consultants and agencies in the preparation of environmental impact statements.  She counsels clients on the integration of the NEPA review process with other statutory requirements, including ESA consultations, CWA Section 404 permits, Coastal Zone Management Act (CZMA) consistency determinations, Section 4(f) of the Department of Transportation Act reviews, and National Historical Preservation Act (NHPA) Section 106 reviews.  Ms. Taub has worked on the environmental review of numerous rail, pipeline, and energy projects.  In addition, Ms. Taub handles the litigation of NEPA, CWA, ESA, and NHPA cases, both at the district court and appellate levels.

Endangered Species Act 
Ms. Taub assists clients with ESA compliance for development projects, including the preparation of biological assessments and habitat conservation plans.  She handles Section 7 consultations for clients, and well as Section 10 incidental take permits.  She also assists clients with related statutes, including the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Marine Mammal Protection Act.

Appellate Litigation
Ms. Taub's experience in appellate litigation includes federal preemption cases, challenging federal regulations and other agency actions in federal court, multiple NEPA, ESA, and CWA appeals, and drafting amicus briefs and certiorari petitions for the US Supreme Court.

Chemical Regulation
In the area of chemical regulation, Ms. Taub's practice includes compliance counseling, regulatory development and challenges to EPA, and enforcement.  Ms. Taub’s practice involves frequent interaction with the EPA and state agencies, particularly with regard to biocides.  Ms. Taub counsels clients on FIFRA, the Toxic Substances Control Act (TSCA), the Federal Hazardous Substances Act, the Resource Conservation and Recovery Act (RCRA), the Occupational Safety and Health Act (OSHA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and DOT HazMat compliance.  She also handles commenting on regulatory decisions for clients and has successfully challenged numerous regulatory actions in federal court.

Representative Matters

  • Represents All Aboard Florida, an entity seeking to construct and operate an express passenger rail line in Florida.  Currently assisting with the NEPA, NHPA and CWA regulatory processes for the project, as well as in litigation challenging certain federal actions regarding the project.  Successfully defeated a motion for preliminary injunction.
  • Represents a major pipeline company regarding cross-border pipelines between the United States and Canada in various permitting work before the US Department of State, including the preparation of an EIS, as well as associated litigation.
  • Successfully represented a client in a NEPA and CWA-based challenge to multiple federal agency permits for a 600-mile domestic oil pipeline before the DC Circuit.
  • Assisted a developer through the NEPA process on an energy project that involves carbon dioxide capture and sequestration through enhanced oil recovery (EOR).  Worked with the Department of Energy and its consultant in the preparation and issuance of an EIS that addresses a wide range of issues, including greenhouse gas emissions and the impacts of EOR.
  • Worked with the Surface Transportation Board on the NEPA and NHPA review for a rail project in Montana, as well as related litigation.
  • Assisted the American Chemistry Council in commenting on EPA’s regulations regarding data requirements for antimicrobial pesticides.  Successfully negotiated a settlement of a legal challenge to the regulations.
  • Assisted the Southwest Gulf Railroad with environmental review issues and the successful defense of the project before the US Court of Appeals for the Fifth Circuit.
  • Negotiated settlements of EPA enforcement matters under numerous environmental statutes, including FIFRA, the Clean Air Act, and TSCA.
  • Successfully minimized penalties for numerous clients under EPA's self-disclosure policy, as well as through Supplemental Environmental Projects (SEPs).
  • Successful administrative appeal of a Corps wetlands determination.

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Selected Publications

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Professional Affiliations

  • Pesticide Subcommittee, Section on Natural Resources, Energy and Environment, American Bar Association