Mark C. Talty, a member of the firm’s Environmental & Natural Resources practice, spent almost a decade working in the Office of General Counsel at the U.S. Environmental Protection Agency (EPA). Drawing upon his invaluable government experience, Mark brings a unique perspective and critical insight to help clients navigate through ever-evolving environmental laws and regulations.
Prior to joining Pillsbury, Mark served as a senior attorney in the EPA’s Office of General Counsel where he focused on complex legal issues relating to the federal rulemaking process and the Administrative Procedure Act (APA), including Chevron and Kisor deference, the nondelegation doctrine, the major questions doctrine, the APA’s exceptions to notice and comment rulemaking, and reviewability of final agency actions.
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During his time at the EPA, Mark counseled program staff and senior leadership in the development of regulations and policies with agency-wide scope and significant external impact across each of the Agency’s substantive statutes. He also worked with the Department of Justice, including the Office of the Solicitor General (OSG), to review and edit briefs in challenges to EPA actions and in high-profile litigation with EPA equities.
In addition to his service at the EPA, Mark previously served as an Assistant Attorney General in the Office of the Maryland Attorney General. In this role, he represented the Maryland Department of Natural Resources (DNR) and the Maryland Critical Area Commission in litigation before administrative boards and Maryland state courts, as well as advised on enforcement and compliance requirements of environmental land-use and natural resource laws.
Representative Experience
- Addressed administrative law issues in EPA actions under the Clean Air Act’s Renewable Fuel Standard (RFS) program, including: EPA’s denial of petitions for small refinery exemptions in April and June of 2022; EPA’s proposed framework governing the generation of RINs from renewable electricity produced from biogas (eRIN framework); and the development and defense of highly technical guidance addressing how ethanol producers can register under the RFS program to produce cellulosic ethanol from corn kernel fiber.
- Assisted in the drafting and defense of EPA’s 2017 memorandum entitled “Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” (commonly referred to as the “Major MACT to Area” or MM2A memo).
- In the wake of West Virginia v. EPA, 142 S. Ct. 2587 (2022), developed the Agency’s approach to identifying and mitigating legal risk posed by the major questions doctrine; assisted in the defense of several EPA actions against major questions doctrine-based challenges, including the challenge to EPA’s revised greenhouse gas emission standards for passenger vehicles and light trucks for model year (MY) 2023 through 2026.
Professional Highlights
- Adjunct Law Professor, University of Baltimore School of Law, 2015 – 2018
- Recipient of the EPA General Counsel’s Award for Exceptional Legal Counseling
Education
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J.D., University of Baltimore School of Law, 2009
B.S., Political Science, Northeastern University, 2006
Admissions
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Maryland
Courts
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Federal District Court for District of Maryland
Clerkships
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Law Clerk for The Honorable Michael J. Finifter, Baltimore County Circuit Court, 2009-2010
Law Clerk for the U.S. Army Corps of Engineers, Baltimore, MD, 2009
Law Clerk for the National Highway Traffic Safety Administration, Washington, DC, 2008