John Cooney focuses on economic regulatory, administrative, and constitutional litigation involving federal agencies at the trial and appellate levels. His areas of experience include financial services, white collar defense, environment, and separation of powers. Mr. Cooney has 35 years of experience in regulatory policy making and regulatory litigation. He served as Assistant to the Solicitor General, Department of Justice, and as Deputy General Counsel for Litigation and Regulatory Affairs, Office of Management and Budget. Mr. Cooney served as counsel for OMB’s Office of Information and Regulatory Affairs, which reviews agency regulations on behalf of the President, and was involved in policy disputes involving legal interpretation of most major federal regulatory statutes.

Significant Matters

Argued and obtained preliminary injunction against moratorium issued by the Secretary of the Interior prohibiting offshore deepwater drilling, Hornbeck Offshore Services v. Salazar, 696 F.Supp.2d 627 (E.D. La. 2010).

Financial Services and Securities Litigation

Represented the Republic of France in defense of criminal investigation of Crédit Lyonnais, United States v. Crédit Lyonnais in Executive Life matter, C.D. Cal., No. CR 03-760.

Represented former executive of Riggs Bank in Congressional, criminal, and regulatory proceedings related to money-laundering by foreign officials.

Represented the former chief executive officer of a major investment bank in shareholder derivative litigation pending in the Southern District of New York concerning management of the company.

Represented the Special Litigation Committee of the Bank of New York in investigation of alleged money laundering by its Russian correspondent banks in connection with shareholder derivative litigation in the Southern District of New York.

Represented Fannie Mae in rulemakings and regulatory implementation issues involving affordable housing rules issued by the Department of Housing and Urban Development.

Represented America’s Community Bankers in opposing proposed rule by Federal Housing Finance Board concerning capital of Federal Home Loan Banks.

Represented National Association of Federal Credit Unions in American Bankers Ass'n v. National Credit Union Administration, 38 F.Supp.2d (D.D.C. 2000) and 93 F.Supp.2d 35 (D.D.C. 2000) (field of membership of credit unions).

Appellate Litigation

Successfully argued against Department of Interior’s Motion for a stay pending appeal in Hornbeck Offshore Services, Inc. v. Salazar, (5th Cir. 2010)  (No. 10-30585) (deepwater drilling moratorium).

Hettinga v. United States, 560 F.3d 498 (D.C. Cir. 2009) (Overturned District Court decision dismissing Bill of Attainder challenge to federal statute).

Chase v. Public Defender Service, 956 A.2d 67 (D.C. 2008) (Successfully argued that PDS is a hybrid federal entity not subject to D.C. government personnel laws).

Petties v. District of Columbia, D.C. Circuit, No. 06-7074 (May 1, 2007) (Vindicating authority of court-appointed Transportation Administrator under consent decree concerning transportation of special needs students to public schools).

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., S.Ct. No. 09-1159 (Amicus brief for Senator Birch Bayh on application of Bayh-Dole Act).

Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) (Application of Title IX to retaliation claim).

National Credit Union Administration v. First National Bank, 522 U.S. 479 (1998) (Field of membership).

Bowsher v. Synar, 478 U.S. 714 (1986) (Constitutionality of Gramm-Rudman-Hollings Act).

Plyler v. Doe, 457 U.S. 202 (1982) (Constitutional right of undocumented alien children to public education).

Environmental

Chlorine Chemistry Council v. EPA, 206 F.3d 1286 (D.C. Cir. 2000) (standard for non-threshold carcinogen under Safe Drinking Water Act).

Represented Salt River Project in negotiation with EPA over installation of sulfur dioxide scrubbers for power plant built on the rim of the Grand Canyon.

Pharmaceuticals

Represented generic drug manufacturer in litigation concerning FDA marketing approval:

Mylan Pharm. Inc. v. Henney, 94 F.Supp.2d 36 (D.D.C. 2000); on appeal, Pharmachemie, B.V. v. Barr Laboratories, 276 F.3d 627 (D.C. Cir. 2002) (tamoxifen)

Mylan Pharmaceuticals, Inc. v. Thompson, No. 01-1554 (4th Cir.) (nifedipine)

Teva Pharmaceuticals, Inc. v. Thompson, 182 F.3d 1003 (D.C.Cir. 1999); aff'd after remand, 2000 WL 183303 (D.C. Cir., Nov. 15, 2000) (ticlopodine)

Purepac Pharmaceutical Co. v. Friedman, 162 F.3d 1201 (D.C. Cir. 1998) (ticlopidine)

Mova Pharmaceutical Corp. v. Shalala, 140 F.3d 1060 (D.C. Cir. 1998) (glyburide)

Activities

Mr. Cooney has been appointed a Public Member of the Administrative Conference of the United States and is Chairman of its Committee on Administration and Management. He is a former member of the Council of the Administrative Law Section, American Bar Association.