Drew Ensign is counsel in the Washington, D.C. office. He is a member of the Litigation & Trial and Environment, Land & Resources Departments.
Mr. Ensign advises clients on environmental, appellate, and administrative law matters, with a particular focus on the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), genetically engineered (GE) crops, and energy and power matters. Mr. Ensign has represented clients in cases before a wide variety of federal and state courts, including successful US Supreme Court merits cases and more than a dozen federal appeals.
Mr. Ensign’s representations include successful petitions for certiorari and merits victories in Entergy Corp. v. Riverkeeper, Inc., 556 US 208 (2009), involving Clean Water Act regulations on power plants and Monsanto Co. v. Geertson Seed Farms, 561 US 139 (2010), involving regulation of GE alfalfa. Mr. Ensign also represented biotechnology clients for landmark victories in Center for Food Safety v. Vilsack, 718 F.3d 829 (9th Cir. 2013), successfully defending USDA’s approval of GE alfalfa and its programmatic approach to ESA compliance, Center for Food Safety v. Vilsack, 636 F.3d 1166 (9th Cir. 2011), obtaining a reversal of an injunction requiring destruction of GE sugarbeet crops accounting for approximately 25 percent of the domestic sugar supply, and Bowman v. Monsanto Co., 133 S. Ct. 1761 (2013), involving the scope of patent protection for GE crops. Mr. Ensign has also represented veterans and veterans organizations and successfully argued an appeal before the Federal Circuit on behalf of a World War II veteran, securing a victory in under 48 hours.
Mr. Ensign also has experience in various federal and state courts on a wide-range of topics. He is recognized as a “Rising Star” in the 2014 and 2015 Washington, D.C. Super Lawyers lists.
Prior to joining Latham & Watkins, Mr. Ensign served as judicial clerk to Judge J. Clifford Wallace of the US Court of Appeals for the Ninth Circuit.
Mr. Ensign is admitted to practice in the District of Columbia, Arizona, and California, the US Supreme Court, the Courts of Appeals for the D.C., Ninth, and Eleventh Circuits, and several federal district courts.
Mr. Ensign's representative matters include:
- Monsanto Co. v. Geertson Seed Farms, 561 US 139 (2010) (successful petition for certiorari and reversal of Ninth Circuit decision affirming injunction against planting of a GE alfalfa)
- Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009) (successful petition for certiorari and reversal of Second Circuit decision precluding cost-benefit analysis under Clean Water Act provision)
- Bowman v. Monsanto Co., 133 S. Ct. 1761 (2013) (successful amicus brief on behalf of CropLife America regarding patent protection for GE crops)
- Macklem v. Shinseki, 446 Fed. Appx. 310 (Fed. Cir. Jan. 11, 2012) (briefed and argued successful veterans benefits appeal on behalf of World War II veteran in case involving nearly US$500,000 in wrongfully terminated benefits)
- Center for Food Safety v. Vilsack, 718 F.3d 829 (9th Cir. 2013 (9th Cir. 2013) (successful defense of USDA approval of GE alfalfa and USDA approach to ESA compliance for GE crops) (also represented Monsanto in district court victory in Ctr. for Food Safety v. Vilsack, 844 F. Supp. 2d 1006 (N.D. Cal. 2012))
- Corey Airport Services v. Clear Channel Outdoors, Inc., 682 F.3d 1293 (11th Cir. 2012) (obtained reversal of US$18 million judgment in case involving alleged Equal Protection Clause violations in selection of advertising concession at Atlanta Hartsfield Jackson Airport)
- Center for Food Safety v. Vilsack, 636 F.3d 1166 (9th Cir. 2011) (successfully obtained emergency stay pending appeal and reversal of district court injunction ordering destruction of GE sugarbeet crops accounting for approximately 25 percent of US sugar supply)
- Palmyra Park Hosp., Inc. v. Phoebe Putney Mem’l Hosp., 604 F.3d 1291 (11th Cir. 2010) (successful appeal in antitrust suit between hospitals).
- Grant v. Vilsack, 892 F. Supp. 2d 252 (D.D.C. 2012) (obtained dismissal of challenge to interim approval of GE sugarbeet cultivation)