Jeffrey Bossert Clark

Partner, Kirkland & Ellis LLP

Jeff Clark is a partner of the Firm, resident in the Washington, D.C. office. He is an appellate litigator with especially deep experience in administrative law, cutting across numerous statutes and agencies. Mr. Clark has been with the Firm since 1996, with the exception of his period of management service in the U.S. Department of Justice. He has extensive experience involving climate change litigation under the Clean Air Act, NEPA, the Energy Policy and Conservation Act of 1975, and the Energy Independence and Security Act of 2007, among other statutes.

From 2001 to 2005, Mr. Clark was the Deputy Assistant Attorney General for the Environment and Natural Resources Division of the Justice Department. While there, he supervised approximately 35 attorneys in the Appellate Section and the Indian Resources Section. He had extensive involvement during that period on the cases of the Environment Division before the Courts of Appeals, including on several cases of exceptional significance he personally briefed and argued, such as Massachusetts v. EPA. He has personally appeared in half of the Courts of Appeals and has filed briefs in every Circuit. He has also had a significant hand in three unanimous or near-unanimous victories for the federal government in three environmental cases in the Supreme Court's October 2003 term.

Mr. Clark practices general appellate litigation, environmental law, and administrative law. He has also worked in numerous substantive areas of law, ranging from labor law, to telecommunications, to intellectual property, to bankruptcy, to products liability. Mr. Clark focuses on complex litigation, constitutional law, preemption, and helping clients navigate intricate regulatory regimes. Mr. Clark has briefed and argued many cases in the federal Courts of Appeal and District Courts. He frequently represents trade associations in regulatory litigation. And he has briefed numerous Supreme Court cases, both at the Firm and in government service.

In the environmental area, Mr. Clark's areas of expertise include, as the statutes mentioned above, the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the Surface Mining Control and Reclamation Act; the Federal Land Policy Management Act; the Multiple Use Sustained Yield Act; and the Superfund and RCRA waste disposal statutes.

Mr. Clark is rated "AV" by Martindale-Hubbell ("the highest level of professional excellence").


Education

  • Georgetown University Law Center, J.D., 1995, magna cum laude
  • University of Delaware, M.A., Urban Affairs & Public Policy, 1993, summa cum laude
  • Harvard University, A.B., Economics & Russian/Soviet History, 1989, cum laude

Publications

Greenhouse Gases: Massachusetts v. EPA Revisited - Podcast
Environmental Law & Property Rights Practice Group Podcast
April 8, 2013
EPA: An Agency Gone Wild or Just Doing Its Job? - Event Audio/Video
2010 National Lawyers Convention
November 20, 2010
Regulatory Authority in the EPA - Event Audio/Video
Environmental Law & Property Rights Practice Group
June 15, 2010
EPA’s Endangerment Rule
New Federal Initiatives Project
April 26, 2010
SCOTUScast 11-25-08 featuring Jeffrey Clark
Summers v. Earth Island Institute
November 25, 2008
Standing on the Shoulders of Scrap: Friends of the Earth, Inc. v. Laidlaw Environmental Servs., Inc.
Environmental Law & Property Rights Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
March 1, 2000
Jeffrey Bossert Clark reviews Chemicals, Cancer, and Choices by Peter Van Doren
Environmental Law & Property Rights Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
October 1, 1999
The Recent Controversy Over the Non Delegation Doctrine
Environmental Law & Property Rights Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
October 1, 1999
Case Notes
Environmental Law & Property Rights Practice Group Newsletter - Volume 3, Issue 1, Spring 1999
May 1, 1999
Colloquium: Junk Science, the Courts, and the Regulatory State (part II)
Environmental Law & Property Rights Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
May 1, 1998
Colloquium: Junk Science, the Courts, and the Regulatory State (part I)
Environmental Law & Property Rights Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
December 1, 1997