During Howard’s career at Meyer & Glitzenstein, Meyer Glitzenstein & Crystal, and Meyer Glitzenstein & Eubanks LLC, he had the opportunity to work on numerous public interest projects, including:
Fighting Big Tobacco
Restraining Consumer Fraud
As an attorney at Meyer Glitzenstein & Crystal, Howard represented six public health groups – including Tobacco-Free Kids, American Cancer Society, and American Lung Association – who intervened to pursue remedies in the long-running civil RICO lawsuit against Big Tobacco. Since 2006, when the federal district court found the companies liable for massive consumer fraud, the companies have been challenging the Court imposed remedies remedies, including issuance of corrective statements. Howard’s work on this project was featured in the Winter 2016 issue of the Tobacco Control Legal Consortium Legal Update (see p. 9). He also co-wrote an article on the document disclosure remedy: Muggli, Crystal, Klausner, “Transparency As A Remedy Against Racketeering: Preventing And Restraining Fraud By Exposing Big Tobacco's Dirty Secrets.” Tobacco Control (July 2014).
The Court decisions in the case include U.S. and Tobacco Free Kids v. Philip Morris USA Inc., 566 F.3d 1095 (D.C. Cir. 2009) and 801 F.3d 250 (D.C. Cir. 2015), as well as 164 F. Supp. 3d 121 (D.D.C. 2016).
Protecting Against Oil Spills
Leak Detection Device Mandate
The 1990 Oil Pollution Act required that the Coast Guard mandate leak detection devices on single-hulled oil tankers. On behalf of Bluewater Network, Howard successfully obtained an Order from the D.C. Circuit for the Coast Guard to comply with this mandate.
The Court’s decision is In re Bluewater Network, 234 F.3d 1305 (D.C. Cir. 2000)
Protecting Polar Bears
Defending Polar Bear Import Ban
Numerous groups challenged the U.S. Fish and Wildlife’s decision to protect the polar bear under the Endangered Species Act due to the loss of the species’ sea ice habitat. On behalf of several conservation groups, Howard successfully defended the ban on imports of polar bear “trophies” from Canada once the species was listed, and testified before the U.S. Congress on the import issue.
The Court’s decision is In re Polar Bear ESA Listing Lit., 720 F.3d 354 (D.C. Cir. 2013)
Protecting North Atlantic Right Whales
Reducing Whale Strikes By Ships
The U.S. Coast Guard establishes Traffic Separation Schemes to regulate the flow of shipping in and out of Atlantic coast ports. On behalf of Defenders of Wildlife and other groups, Howard obtained an Order for the Coast Guard to address the risks these lanes pose for ship strikes on the highly imperiled North Atlantic right whale.
The Court decision is Defenders of Wildlife v. Gutierrez, 532 F.3d 913 (D.C. Cir. 2008)
Forcing Public Disclosures Regarding Contaminated Federal Facilities
The Department of Energy manages numerous federal facilities with a legacy of nuclear contamination. Working with colleagues from NRDC and other groups, Howard has successfully obtained remedies to force the agency to be more transparent concerning these issues.
The rulings in this area include NRDC v. DOE , 2007 WL 1302498(N.D. Cal. 2007) (requiring Environmental Impact Statement for cleanup of the Santa Susana Field Laboratory in Simi Valley, California); NRDC v. Richardson, No. 97-936 (D.D.C. 1999) (multi-million dollar settlement for increased transparency over site remediation issues)
Cheney Energy Task Force
Shedding Light On Secret Energy Policy Deliberations
The Bush Administration formed the Cheney Energy Task Force to develop an energy policy behind closed doors. Working with colleagues from NRDC, Howard obtained several Court Orders for release of records concerning the Task Force under the Freedom of Information Act.
The FOIA decisions include NRDC v. Dep't of Energy, 310 F. Supp. 2d 271 (D.D.C. 2003)
Protecting National Parks
Protecting Parks And Wildlife From Snowmobiles And Jetskis
The National Park Service manages winter use in Yellowstone National Park in a manner that causes large numbers of bison to leave the Park during winter months, where they are often killed. On behalf of the Fund for Animals and other groups, Howard obtained several Orders requiring the agency to further review these issues.
The Park Service also manages the use of recreational vehicles in national parks, including Snowmobiles and Jetskis. On behalf of Bluewater Network and other groups, Howard obtained several Orders requiring the agency to further review the impacts of these vehicles on Park resources.
The Court decisions in this area include Bluewater v. Salazar, 721 F. Supp. 2d 7 (D.D.C. 2010) and Fund v. Norton, 294 F. Supp. 2d 92 (D.D.C. 2003)
National Ignition Facility
Challenging Unlawful Federal Advisory Committees
The Department of Energy relied on federal advisory committees to promote the National Ignition Facility, a multi-billion dollar laser facility at the Lawrence Livermore National Laboratory intended to simulate nuclear testing in a laboratory setting. On behalf of NRDC and other groups, Howard successfully challenged several of these committees, which did not comply with the Federal Advisory Committee Act.
The Court rulings in this area include NRDC v. Abraham, 223 F. Supp. 2d 162 (D.D.C. 2002)
Publish What You Pay
Forcing Companies To Publish What They Pay For Access To Natural Resources
In the Dodd-Frank financial reform law, Congress required the Securities and Exchange Commission to mandate that companies “publish what they pay” to governments for the extraction of oil, gas, and mineral resources. Howard was one of a team of attorneys representing Oxfam America, Inc. in first defending the SEC’s regulation, and then forcing the SEC to revise the regulation when it was successfully challenged.
The decisions in this area include Oxfam America, Inc. v. SEC, 126 F.Supp.3d 168 (D. Mass. 2016).