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Steven P. Croley

Washington, D.C.
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA

Steven Croley is a partner in the Washington, D.C. office of Latham & Watkins and a member of the Litigation & Trial Department.

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.

Before joining the Energy Department, Mr. Croley served as Deputy White House Counsel for President Obama. He provided legal and strategic counsel to the President, Chief of Staff, and senior White House staff concerning major regulatory and litigation matters, as well as communications, congressional oversight, and crisis response. In this capacity, he oversaw all areas of domestic law – 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, torts, and a variety of specialty courses. He remains on the Michigan Law faculty.

Mr. Croley’s representative experience includes:

  • Major RCRA and Price-Anderson Act environmental litigation involving the US Department of Energy
  • Major constitutional and statutory litigation matters involving the scope of Executive authorities during the Obama Administration
  • Civil procedure and jurisdiction, civil fraud, constitutional law, employment law, forfeiture, Takings, Bivens, immigration, medical malpractice, and other affirmative and defensive civil matters on behalf of the United States in the federal district and appellate courts
Energy and the Environment
  • Licensing of liquefied natural gas export volumes
  • Long-distance and international transmission lines
  • Spent nuclear fuel and defense-origin radiological waste
  • Renewable fuels and Renewable Fuel Standards
  • Renewable energy, and major solar and clean-coal demonstration projects
  • Natural gas storage and pipeline safety
  • National Environmental Policy Act
  • Power markets, distributed generation and demand response
  • Federal Power Act
  • Endangered Species Act
  • Clean Air Act
  • Environmental regulation generally
Counseling, Sensitive Matters and Crisis Management
  • Sensitive foreign acquisitions under CFIUS, and controlled nuclear exports (Secret/Top Secret/SCI security clearances)
  • Congressional oversight, GAO investigations, Inspector General investigations, and high-profile whistleblower matters
  • Crisis response to foodborne illness outbreaks, major drought, the national debt ceiling, and mass firearm tragedies, among others
  • Regulatory decision-making and policy implementation for climate, health care, civil rights, immigration, and other domestic policy areas
  • Ethics counseling
  • Cyber security
Thought Leadership

Mr. Croley has published widely and is a frequent speaker at conferences, especially on subjects relating to energy and the environment, regulation, and civil litigation. His most recent thought leadership for clients includes:

  • “US Treasury Department Publishes Proposed Regulations to Implement FIRRMA: 10 Key Questions Answered,” Client Alert (September 2019)
  • “Committee on Foreign Investment in the United States – Key Questions Answered On CFIUS,” Client Alert (August 2019)
  • “US Commerce Department Imposes Broad Export Control Restrictions on Huawei,” Client Alert (May 2019)
  • “CFIUS Pilot Program Makes Notifications Mandatory for Specific Areas of Critical Technology,” Client Alert (October 2018) 
  • “How FIRRMA Changes The Game For Tech Cos. And Investors,” Law360 (October 2018)
  • “New Law Governing Foreign Direct Investment in the United States Brings Significant Changes to CFIUS Review,” Client Alert (August 2018) 
  • “UK Adopts New Powers To Investigate Smaller Transactions Raising National Security Concerns," Client Alert (June 2018)
  • “CFIUS and Chinese Investments in the United States—A Closed Door?” Translated to Chinese for The Chinese Financial Times (June 2018)
  • “Recent Developments in Pipeline Safety,” Client Alert (April 2018)
  • “CFIUS Reconstructed: The Foreign Investment Risk Review Modernization Act of 2017,” Client Alert (December 2017)
  • “EPA Maintains Renewable Fuel Standard Status Quo, For Now,” Law360 (December 2017)
  • “Nuclear Decommissioning and Legal Risk,” Client Alert (November 2017) 
  • “Recent Developments Will Shape Future of RFS,” Biodiesel Magazine (October 2017)
  • “Senate Takes the On-Ramp for Autonomous Vehicles,” Client Alert (October 2017)
  • “10 Takeaways From the CFIUS Annual Report to Congress,” Client Alert (October 2017) 
  • “Policy Action on Self-Driving Cars is Accelerating,” Law360 (September 2017)
  • “The Strategic Petroleum Reserve and Hurricanes: A Primer,” Client Alert (September 2017)
  • “Pipeline Safety Updates: Drue Pearce Tapped for PHMSA; PHMSA and DOT Accept Comments on Pipeline Regulations,” Client Alert (August 2017)
  • “Regulation of Natural Gas Gathering Lines In the Face of Unprecedented Demands on US Pipeline Infrastructure,” Client Alert (August 2017)
  • “Self-Driving Car Legislation: Congress Turns the Ignition,” Client Alert (August 2017)
  • “Natural Gas Pipeline and Underground Storage: Recent Developments in Pipeline Safety,” Client Alert (June 2017)
  • “Federal and State Regulation of the Safety of Pipelines and Underground Natural Gas Storage Facilities,” White Paper (June 2017)
  • “The Uncertain Future of the Renewable Fuel Standard: Litigation and Regulatory Change in the New Administration,” Client Alert (May 2017)
  • “New Executive Order on 'Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure,'” Client Alert (May 2017)

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