Sher & Blackwell has a broad
range of experience in dealing with administrative agencies of the federal government. Our
attorneys are familiar with the key substantive and procedural rules of individual federal
agencies and departments as well as the general legal and procedural requirements of the
Administrative Procedure Act. In addition, because of its location in Washington, D.C.,
Sher & Blackwell has close
access to, and regular personal contact with, key decision
makers in many of the independent agencies and executive departments of the federal
government.
The practice of administrative law requires a unique blend of
substantive knowledge of the law and regulations, a practical understanding of how the
various agencies function, and who at the agency is responsible for deciding a particular
matter. The interaction between the regulatory agencies and Congress is often an important
factor. Being able to focus in on the issues and the key decision makers permits us to
resolve client issues at the agencies and departments in a cost-effective manner. We pride
ourselves on our attorneys’ abilities to assess the practical commercial implications
of administrative actions as well as the policy and legal considerations.
Sher & Blackwell’s expertise in administrative
practice is enhanced by the fact that many of its attorneys worked with federal government
agencies, executive departments, and Congress prior to joining the firm. Our attorneys
have worked at the Department of Commerce, Department of Justice, Maritime Administration,
Federal Maritime Commission, Department of Agriculture, Civil Aeronautics Board, and
Nuclear Regulatory Commission, as well as the U.S. Senate and House of Representatives. We
therefore have a keen practical understanding of how administrative agencies function and
who at those agencies makes decisions with respect to a particular issue of interest to
our clients.
Sher & Blackwell has participated in all phases of
administrative practice. We have filed comments in literally hundreds of administrative
rulemaking proceedings by a variety of federal agencies; represented clients in
evidentiary hearings before administrative law judges, and in connection with those
proceedings have handled extensive document productions and settlement negotiations; and
have prepared and defended applications for governmental licenses, permits, and other
benefits. The firm also has significant experience with enforcement proceedings brought by
federal agencies against companies and associations.
Some examples of recent administrative matters handled by
Sher & Blackwell on behalf of its clients include: the filing of regulated agreements
with the Federal Maritime Commission; filing of comments and presenting testimony before
the Internal Revenue Service regarding a proposed rule on taxation of international
transportation activities; successful applications for Title XI loan guarantees from the
Maritime Administration; advice on Customs regulations on cabotage requirements and
Customs duty assessments; advice on export controls administered by the Office of Foreign
Assets Control; Department of Transportation licensing of new US and foreign airlines; and
coordination and consultation with the Immigration & Naturalization Service, Coast
Guard, and Customs Service on agency policies on human smuggling.
Federal agencies and departments before which Sher &
Blackwell has practiced include:
- Federal Maritime Commission
- Department of Transportation
- U.S. Maritime Administration
- Surface Transportation Board
- U.S. Coast Guard
- U.S. Customs Service
- Department of Commerce
- Office of Foreign Assets Control
- U.S. Immigration & Naturalization Service
- Federal Communications Commission
- Federal Trade Commission
- Federal Aviation Administration
- Military Sealift Command
- Military Traffic Management Command
- U.S. Army Corps of Engineers
- Department of Agriculture
- Federal Energy Regulatory Commission
- National Highway Traffic Safety Administration
- Internal Revenue Service
- Patent and Trademark Office
- Bureau of Export Administration
- Fish & Wildlife Service
- National Oceanographic and Atmospheric Administration
- Federal Highway Administration
- National Transportation Safety Board
