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Bethany A. Davis Noll

Litigation Director

Bethany Davis Noll is Litigation Director at Policy Integrity and serves as an adjunct instructor at NYU. Prior to joining Policy Integrity, she worked as Assistant Solicitor General in the New York State Attorney General’s Office where she filed briefs on behalf of a coalition of states in support of EPA’s Clean Power Plan and earned the Louis J. Lefkowitz Memorial Award for her work on several environmental appeals. Bethany previously worked as a litigation associate at Debevoise & Plimpton LLP, where she led a team in a pro bono Clean Water Act enforcement suit. She was also an adjunct lecturer in law at Columbia Law School for four years, and she is a member of the Environmental Law Committee of the New York City Bar Association. She served as a clerk for the Honorable Chester J. Straub in the Second Circuit Court of Appeals and for the Honorable Shira A. Scheindlin in the District Court for the Southern District of New York. Bethany received a J.D. with distinction from Stanford Law School and a B.A., magna cum laude, from Barnard College.

Bar and Court Admissions: State Bar of New York | U.S. Courts of Appeals for the D.C., Second, Fourth, and Ninth Circuits; U.S. District Courts for the Southern and Eastern Districts of New York and D.C.

Follow her on Twitter at @bdavisnoll, email her at bethany.davisnoll@nyu.edu, or call her at (212) 998-6239.

Academic Articles

Regulation in Transition, Minnesota Law Review, Forthcoming (with Richard Revesz).

Markets, Externalities, and the Federal Power Act: The Federal Energy Regulatory Commission’s Authority to Price Carbon Dioxide Emissions, NYU Environmental Law Journal, February 2019 (with Burcin Unel).

The Burden of Unburdening, Environmental Law Reporter, September 2018 (with Susannah Landes Weaver, Kathryn Kovaks, and Fred Wagner).

Deregulation: Process and Procedures That Govern Agency Decisionmaking in An Era of Rollbacks, Energy Law Journal, November 2017 (with Denise Grab).

Media and Op-Eds

More Bike Lanes, Not Just Post Tragedy — Daily News, July 9, 2019 (with Derek Sylvan)

It’s a Bad Idea to Pick a Fight with California on Car Emissions — San Francisco Chronicle, June 8, 2019

On Balance: The Costs and Benefits of Deregulation — Society for Cost-Benefit Analysis (blog), May 29, 2019

Trump’s Regulatory ‘Whack-A-Mole’ — Politico, April 10, 2019

The Distraction of Pruitt’s Scandals Is Gone but That Won’t Make Deregulating Any Easier — The Hill, July 26, 2018

Scott Pruitt’s Dirty Politics: How the Environmental Protection Agency became the fossil-fuel industry’s best friend — The New Yorker, April 2, 2018

Pruitt’s Deregulation Spree Has Cut Corners – Slate, July 31, 2017

Trump Follows Through on Deregulation, but at What Cost? – The Hill, June 23, 2017

For DOL, killing fiduciary rule easier said than done — BenefitsPRO, May 16, 2017

Stealth Repeal: Trump’s Strategy to Roll Back Regulations Through Delay – The Hill, May 2, 2017

Litigation

Brief of Amicus Curiae in California v. Bernhardt – Northern District of California, 2019 (Litigation over the repeal of the Waste Prevention Rule)

Brief of Amicus Curiae in New York v. EPA – U.S. Court of Appeals for the D.C. Circuit, 2019 (Litigation over the Close-Out Rule)

Brief of Amicus Curiae in California v. Interior, 2019 U.S. Dist. LEXIS 66300 (N.D. Cal. March 29, 2019) (Litigation over the repeal of the Valuation Rule)

Brief of Amicus Curiae in Bauer v. Devos, 325 F. Supp. 3d 74 (D. D.C. 2018) (Litigation over delays of the Borrower Defense Rule)

Brief of Amicus Curiae in New York v. Pruitt – Southern District of New York, 2018 (Litigation over delay of the Clean Water Rule)

Brief of Amicus Curiae in Hudson River Sloop Clearwater v. New York State Public Service Commission — Supreme Court of the State of New York County of Albany, 2018 (Litigation over New York State’s Zero Emissions Credits)

Brief of Amicus Curiae in Natural Resources Defense Council v. National Highway Traffic Safety Administration, 894 F.3d 95 (2d Cir. 2018) (Litigation over delay of 2016 Civil Penalties Rule)

Brief of Amicus Curiae in Wyoming v. Department of the Interior – Wyoming District Court, 2017 (Litigation over BLM’s Waste Prevention Rule)

Brief of Amicus Curiae in Coalition For Competitive Elec v. Zibelman, 906 F.3d 41, 57 (2d Cir. 2018) (Litigation over New York State’s Zero Emissions Credits)

Brief of Amicus Curiae in Air Alliance Houston v. Environmental Protection Agency, 894 F.3d 95 (D.C. Cir. 2018) (Litigation over delay of Chemical Disaster Rule)

Brief of Amicus Curiae in Wildearth Guardians v. Bureau of Land Management, 368 F. Supp. 3d 41 (D. D.C. 2019) (Litigation over BLM’s leasing decisions)

Brief of Amicus Curiae in California v. Bureau of Land Management, 277 F. Supp. 3d 1106 (N.D. Cal. 2017) (Litigation over BLM’s delay of the Waste Prevention Rule)

Brief of Amicus Curiae in Clean Water Action v. Environmental Protection Agency, 2018 WL 1865919 (D. D.C. 2017) (Litigation over EPA’s delay of effluents rule)

Policy Briefs

Analyzing EPA’s Vehicle-Emissions Decisions: Why Withdrawing the 2022-2025 Standards Is Economically Flawed — May 2018

Select Public Comments

Comments on EPA and Army Corps’ Proposal to Roll Back the Clean Water Rule – April 2019

Comments on EPA and NHTSA’s Proposal to Flatline Vehicle Emissions Standards – October 2018

Comments on NHTSA’s Proposal to Rescind the 2016 Civil Penalty Adjustment – May 2018

Comments on the Clean Water Rule’s “Applicability Date” – December 2017

Comments on Department of Energy Proposal for Grid Reliability and Resilience Pricing – October 2017

Comments on Delay of Department of Labor’s Fiduciary Rule – September 2017

Comments on EPA’s proposal to issue a second stay of the compliance deadlines in the Effluent Rule – July 2017

Comments on EPA’s Proposal to Further Delay the Amendments to the Risk Management Program – May 2017

Comments on the Office of Natural Resources Revenue proposal to repeal the July 1, 2016 Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform Rule – May 2017

Select Prior Litigation

Brief of Respondents by States, Utility Air Regulatory Group. v. EPA, Supreme Court, 2014

Brief for States and Reply Brief for States, EPA v. EME Homer City Generation, L.P., Supreme Court, 2014

Brief for State and Municipal Intervenors, West Virginia v. EPA, D.C. Circuit, 2016

Represented State of New York in Capruso v. Village of Kings Point, 2014

Represented State of New York in Natural Reources Defense Council, Inc. v. N.Y. State Department of Environmental Conservation, 2015.

Represented State of New York in Benali v. N.Y. State Department of Environmental Conservation, 2017

Represented State of New York in People ex rel. Baez v. Superintendent, Queensboro Corr. Facility, 2016.

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