Debra Carfora represents national and international clients in complex litigation and crisis management, focusing on environmental, toxic tort, and administrative law matters before federal courts, including appellate courts. As a former trial attorney and senior trial counsel for the Environmental Defense Section of the Environmental and Natural Resources Division at the US Department of Justice, Debbie’s practice focuses on environmental litigation and matters requiring complex statutory and regulatory interpretation. She is adept at negotiating and litigating matters involving government agencies or flowing from government agency actions and rulemakings.
Debbie served as lead counsel in a series of related cases brought by local governments, state agencies, and environmental organizations against a US agency asserting violations of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA) in connection with cross-border flows of polluted water from Tijuana, Mexico into San Diego County. Debbie led a trial team defending a challenge to the Environmental Protection Agency’s (EPA’s) denial of an administrative petition under the Toxic Substances Control Act (TSCA) and sat first chair in a de novo bench trial, the first such legal test under Congress’s 2016 revisions to the law.
Debbie has briefed and argued several dispositive motions under the Administrative Procedure Act (APA) and contributed to numerous litigation teams defending claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Debbie has represented US agencies in complex settlement negotiations under the Clean Air Act, TSCA, CERCLA, CWA, and APA. In addition to litigating matters, Debbie was assigned to a multi-agency task force, including the Office of Management and Budget, that counseled a government agency related to significant rulemakings.
Debbie’s years of experience handling high-profile environmental litigation and regulatory counseling make her a highly valued member of Morgan Lewis’s environmental practice. She advises clients in connection with multiple CERCLA enforcement actions and related cost recovery and contribution litigation. She also advises clients regarding rules promulgated by the EPA under its TSCA authority. Debbie was a key player on a team that negotiated a favorable settlement in connection with allegations of negligent radiation exposure.
Through her years of practicing administrative law, Debbie has made significant contributions to cross-practice teams handling government negotiations and challenges to government agency rulemaking or adverse decision-making. Debbie is part of a litigation team advising a client in connection with a challenge to an adverse agency decision arising under the Employee Retirement Income Security Act.
Prior to attending law school, Debbie worked for ExxonMobil Corporation, an experience that makes Debbie uniquely positioned to quickly identify, understand, and propose solutions that address the needs of her clients and their downstream business partners.
Prior to beginning her legal practice, Debbie served as a law clerk to Judge George L. Russell, III in the US District Court for Maryland. Debbie also served as law clerk to Judge Anne K. Albright in the District Court of Maryland for Montgomery County. While attending the Catholic University of America Columbus School of Law, Debbie served as a notes and articles editor for the Catholic University Law Review.
Former Trial Attorney and Senior Trial Counsel, US Department of Justice, Environment and Natural Resources Division, Environmental Defense Section (2015-2021)