Cassandra "Cass" Sturkie Bernstein is an associate in the firm's Washington, D.C. office in the Environment, Land & Resources Department. She has extensive experience litigating a broad array of environmental and natural resource issues, as well as counseling clients on environmental enforcement and regulatory compliance issues.
Having also been a member of the Litigation Department for several years, Ms. Bernstein has worked on litigation matters at every level of federal court. Her practice centers on administrative and appellate litigation, most frequently in the US Courts of Appeals. She has recently worked on litigation involving Endangered Species Act and National Environmental Policy Act issues, Clean Water Act and wetlands issues, fishery conservation and management, Clean Air Act rulemakings, and human and animal health issues related to Bovine Spongiform Encephalopathy ("mad cow" disease).
Ms. Bernstein's experience includes drafting briefs, motions and other pleadings; challenging and defending agency administrative records; preparing and defending requests for preliminary injunctions and summary judgment; preparing for and participating in hearings and negotiating and coordinating with EPA and other federal agencies. She also has experience in federal legislative and regulatory activities, including drafting environmental legislation and commenting on proposed EPA rules and other agency initiatives.
Outside of the federal context, Ms. Bernstein has worked on numerous state matters involving environmental compliance, energy project permitting and land use issues and has participated in hearings before the Virginia State Corporation Commission. She also has significant experience with environmental issues unique to the District of Columbia. She worked closely with Former US Secretary of Interior Bruce Babbitt during his tenure as Chairman of the D.C. Mayor's Environmental Council under Mayor Anthony Williams. Together, they developed policy and negotiated with stakeholders and the Mayor's Office on a variety of environmental matters.
Ms. Bernstein authored the articles "Further Developments in the D.C. Circuit's Article III Standing Analysis: Are Environmental Cases Safe From the Court's Deepening Skepticism of Increased-Risk-of-Harm Claims?," which was published in the July 2008 Environmental Law Reporter and "Developments in the D.C. Circuit's Article III Standing Analysis: When Is an Increased Risk of Future Harm Sufficient to Constitute Injury-in-Fact in Environmental Cases?," which appeared in the April 2007 Environmental Law Reporter.
Prior to joining Latham & Watkins in 2000, Ms. Bernstein earned her law degree from Duke University concurrently with a master's degree in environmental economics and policy. She also holds a graduate degree in marine science from the University of Queensland, Australia.