Steven Croley is a partner in the Washington, D.C. office of Latham & Watkins and a member of the Litigation & Trial Department. He assists clients with matters relating to law reform, legal policy, regulatory compliance, foreign investment, litigation involving public bodies, investigations, and government-oriented advice and counseling over a wide range of policy areas, with special emphasis on energy and the environment.
Prior to joining Latham, Mr. Croley served as General Counsel for the United States Department of Energy. He oversaw all of the Department’s litigation, rulemaking, licensing, loans, intellectual property, permitting, procurement, ethics, cyber, CFIUS and other sensitive transactions, and energy policy matters. Mr. Croley actively managed the Department’s major litigation strategy and settlement decisions, with special focus on environmental litigation. He also actively managed the Department’s responses to congressional oversight requests, Government Accountability Office investigations, Inspector General investigations, and high-profile whistleblower matters, and served as the Department’s Regulatory Policy Official.
Before joining the Energy Department, Mr. Croley served as Deputy White House Counsel for President Obama on policy matters. He provided legal and strategic counsel to the President, Chief of Staff, and senior White House staff concerning major regulatory policy and litigation matters, as well as communications, congressional oversight, and crisis response. In this capacity, he oversaw all areas of domestic policy – including financial regulation, healthcare, immigration, and criminal justice policy. Mr. Croley worked actively on major energy and environmental issues, including liquefied natural gas exports, federal permitting, petroleum reserves, rules under the Clean Air Act and Clean Water Act, water resource issues, and Endangered Species Act issues. He first joined the White House as a Special Assistant to the President for Justice and Regulatory Policy on the Domestic Policy Council, where he served as senior White House policy advisor for civil rights, criminal justice policy, firearm regulation, food safety, regulatory reform, and government transparency.
Previously, Mr. Croley served as a Special Assistant US Attorney in the Eastern District of Michigan, Civil Division. There, he litigated on behalf of the United States in cases presenting questions of constitutional law, medical malpractice, civil fraud, immigration, employment, and civil procedure and jurisdiction, among others. He handled all civil cases, from initial filings, through discovery and dispositive motion or trial, through appellate argument.
Mr. Croley began his career as a law clerk to Judge Stephen F. Williams of the US Court of Appeals for the District of Columbia Circuit. He then joined the faculty of the University of Michigan Law School, where he taught administrative law, civil procedure, regulation, torts, and a variety of specialty courses. He remains on the Michigan Law faculty, where he teaches a seminar on energy law and policy.
Mr. Croley is a frequent featured speaker on matters concerning energy, the environment, regulatory policy, and foreign investment. He has addressed numerous professional associations, policy organizations, and NGOs in recent years, and has been a featured speaker in China, Germany, and Japan. He is the author of many books and academic articles, as well as client alerts.
Mr. Croley assists Latham clients ranging from small startups to Fortune 500 companies, and from federal entities to major foreign corporations. His practice focuses on assisting clients navigate law and policy issues including policy change, regulatory compliance, and litigation and investigations especially involving public bodies. A representative sample of recent issues for which he provides assistance includes:
Energy and the Environment
- Scope and implementation of Executive Orders concerning the bulk power system
- State waivers under the federal Clean Air Act for fuel efficiency standards
- Department of Energy budget and appropriations issues
- Federal Renewable Fuel Standards and regulation of biofuels
- Department of Energy Loan Program
- Federal wholesale power market definition
- Nuclear power and its regulation across the entire fuel lifecycle
- Clean Water Act and mitigation of water resources
- Export of nuclear technology
- State environmental regulation of pipelines
- Compliance with nuclear safety regulations
- Assessment of nuclear liability risks
- State Government (procurement, state lobbying rules, law enforcement)
- Federal Budget and Appropriations Law
- Statutory and regulatory reform across all policy disciplines
- Federal law enforcement policy
- Political law (lobbying registration, ethics, campaign finance)
- Law and policy concerning autonomous vehicles
- Challenge to federal regulation on behalf of nuclear energy association
- Insurance litigation on behalf of major institutional policyholders
- Litigation concerning relative scope of federal and state authority over interstate pipeline
- Litigation concerning compliance with Freedom of Information Act
- Liability risks analysis from major natural disasters
Sensitive Matters and Crisis Management
- Sensitive foreign acquisitions under CFIUS, and controlled nuclear exports
- Internal investigations
- Criminal justice policy
- Ethics counseling
- Cyber security