Thomas Echikson advises clients in the areas of transportation, environmental and energy laws, regulations and policies. He is the recent past Chief Counsel of the Federal Highway Administration, where he led the legal team responsible for the more than $40 billion Federal Aid Highway program, and counseled the leadership of the FHWA and U.S. Department of Transportation. Before government service, Tom spent nearly three decades in private practice, where he focused on environmental and energy regulatory law, complex litigation, enforcement proceedings and rulemaking challenges.
Tom has broad experience with national transportation and energy infrastructure projects, and has managed challenges to the permitting and approval of transportation and energy projects, including highways, railroads, natural gas pipelines and electric generating facilities. Tom has obtained federal and state approvals and permits for large projects under the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Clean Air Act and various federal land management laws and regulations.
While at FHWA, Tom guided the implementation of the FAST Act (2015) by FHWA and DOT and oversaw the development of agency policy, guidance and regulations, including the performance management program mandated by MAP-21. Tom also handled legal and policy issues related to transportation, fiscal, environmental, administrative, legislative, civil rights and employment laws. Tom’s government experience provides him a solid grounding to guide clients through transportation’s fluid regulatory field, which includes emerging issues related to planning and project delivery, regulatory compliance, autonomous vehicles, GHG emissions, alternative fuel and electric vehicles.
Tom also has substantial litigation experience. He has worked on highly complex administrative and federal and state court litigation involving a broad range of disputes for, and provided counsel and advice to, a diverse set of clients. Tom has lead cases before EPA’s Environmental Appeals Board, as well as challenges to federal regulations in federal district court and the courts of appeal. He has defended, litigated and settled numerous civil and criminal enforcement matters brought by USEPA, state departments of environmental protection, USDOT and the U.S. Department of Energy under the Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act, Hazardous Materials Transportation Act and Energy Policy and Conservation Act. Tom also has represented numerous clients at federal and state Superfund sites, including mega-sites, in defense and prosecution of government and private party cost recovery and NRD claims.
Tom’s litigation experience extends to toxic tort matters. He defended a chemical manufacturer in a class action case in Oklahoma brought by Indian Tribe and neighbors asserting claims for property damages, personal injuries and medical monitoring resulting from his client’s emissions, where he successfully lead Daubert challenges to key plaintiff experts. Tom also defended an electric utility in a public nuisance case brought by eight states and land trusts seeking injunctive relief for alleged contributions to global warming.
When Tom’s clients require assistance on legislative and regulatory matters related to federal or state environmental, natural resource and transportation issues, he offers sound counsel and deep experience. Tom develops and implements advocacy strategies, including the preparation of comments on proposed rules and policies, congressional and agency briefings, and litigation.
