David D. Ayliffe

Successfully defended a federally-owned utility in a landmark Clean Water Act case, culminating in a critical appellate victory at the Sixth Circuit.

Obtained summary judgment for a major public utility in federal court against claims that its environmental review for a natural gas turbine project failed to adequately address climate impacts and mitigation alternatives.

Provided defense of a federal agency in the Sixth and D.C. Circuits in permitting challenges brought by environmental groups related to natural gas pipeline project.

Successfully defended major public utility in federal court against environmental and statutory challenges to a long-term power supply agreement, culminating in a summary judgment victory that preserved the client’s contractual authority and dismissed claims seeking declaratory and injunctive relief.

Successfully defended a major public utility in breach of contract case involving the failed sale of a partially completed nuclear plant, culminating in a complete trial victory for the client.

Led defense of a federally owned utility in a constitutional and statutory challenge to its rate-setting authority, resulting in a favorable trial court decision that was affirmed by the Fourth Circuit on appeal.

Represented a large electric utility company in several proposed class actions and numerous multiparty and individual toxic tort/environmental actions in federal court.

Successfully represented government defendants in an admiralty tort case involving alleged regulatory failures and obstructions in navigable waters.

Successfully defended a government-owned utility in numerous eminent domain proceedings across Georgia, Kentucky, Mississippi, and Tennessee, including multiple favorable trial verdicts (jury and bench) as well as a significant favorable decision from the Sixth Circuit.

Successfully defended numerous challenges to federal agency disclosures under the Freedom of Information Act.

Obtained complete dismissal of employment discrimination claims in several federal court cases against a federally owned utility.

Successfully defended a federal agency in a personnel dispute under the Veterans Employment Opportunities Act and Uniformed Services Employment and Reemployment Rights Act, including a favorable decision on appeal from the Federal Circuit.