Jerry Stouck

Jerry Stouck


Jerry Stouck Chairs the Federal Regulatory and Administrative Law Practice and has more than 35 years of trial and appellate litigation experience in a wide range of cases and courts. He has particular experience in complex business, regulatory and environmental disputes with government agencies.  Jerry regularly challenges federal agency action under various regulatory regimes, and has represented the lead parties in several very large and important cases seeking monetary relief from the federal government. He also handles environmental and land use litigation, including related contract/commercial disputes, and has extensive experience with eminent domain and Fifth Amendment regulatory takings claims. Jerry appears frequently in the U.S. Court of Federal Claims and Federal Circuit, in the D.C. federal district court and D.C. Circuit, and in other trial and appellate courts across the country.


  • Complex business and regulatory litigation
  • Environmental and land use litigation
  • Eminent domain/regulatory takings litigation
  • Monetary claims against federal agencies
Read More +



  • Obtained $142 million damages award after trial for three nuclear utility companies in New England on breach of contract claim arising from U.S. DOE's failure to remove utilities' spent nuclear fuel to the Yucca Mountain, NV disposal site. Yankee Atomic Electric Co. v. US, 94 Fed. Cl. 678 (2010); see 73 Fed. Cl. 249 (Fed. Cl. 2006).
  • Won summary judgment for a major West coast financial institution in one of the first "Winstar" savings and loan contract cases, 26 Cl. Ct. 904 (1992); argued consolidated Winstar appeal to Federal Circuit panel, 994 F.2d 797 (Fed. Cir. 1993), and en banc court, 64 F.3d 1531 (Fed. Cir. 1995); was counsel of record in appeal to U.S. Supreme Court, 518 U.S. 839 (1996), and at subsequent trial on claim for damages exceeding $1 billion, see 43 Fed. Cl. 390 (1999).  Also represented 11 other Winstar-related plaintiffs.
  • Represents three Medicare equipment providers advancing breach of contract and takings claims arising from Congressional enactment terminating and directing reprocurement of previously awarded contracts. See CardioSom v US, 91 Fed. Cl. 659 (2010), rev'd, 656 F.3d 1322 (Fed. Cir. 2011), on remand, 115 Fed. Cl. 761 (2014) and  No. 08-533C, 2014 WL 2937920 (Fed. Cl. Jun. 30, 2014). Following favorable liability decision in lead case, now proceeding to damages discovery and trials.
  • Represented plaintiffs in several other spent nuclear fuel cases, including one leading to $89 million award for a major West Coast utility. Pacific Gas and Electric Co. v. US., 92 Fed. Cl.175 (2010), aff’d, 668 F.3d 1346 (Fed. Cir. 2012). Negotiated a settlement of that case, together with a related case seeking additional, subsequent-period damages of $204 million, for payment by U.S. of $266 million in 2012, plus periodic later payments of on-going damages.
  • Represented numerous utility companies in challenge to retroactive imposition of a $2.25 billion federal tax, first on contract grounds, Yankee Atomic Elec. Co. v. US, 33 Fed. Cl. 580 (1995), rev'd, 112 F.3d 1569 (Fed. Cir. 1997), then on constitutional grounds, see Commonwealth Edison Co v US, 271 F.3d 1357 (Fed. Cir. 2001).
  • Represent large public university that holds patent on important technology used in Alzheimer’s disease research in seeking damages from the United States, under 28 U.S. C. § 1498, for infringement of the patent by federal grantees.  Univ. of South Florida v. United States, No. 15-1549 (Fed. Cl.)
  • Obtained federal appellate decision upholding Eleventh Amendment immunity from suit in federal court for public university in Florida, on ground that the school was “an arm of the state.”  Univ. of South Florida v. CoMentis Inc., 861 F.3d 1234 (11th Cir. 2017).
  • Authored amicus brief cited and followed by the en banc Federal Circuit in a landmark patent infringement case against the U.S. under 28 U.S.C. § 1498, which provides damages for infringement by the government and its contractors and grantees. See Zoltek Corp. v. US, 67 F.3d 1309 (Fed. Cir. 2012) (en banc).
  • Represented cigar manufacturer in challenge to methodology for calculating federal tobacco transition payments. See Prime Time Int’l Co. v. Vilsack, 599 F.3d 678 (D.C. Cir. 2010), on remand, 930 F. Supp. 2d 240 (D.D.C. 2013), aff’d, 753 F.3d 1339 (2014).
  • Represented owner of a large private marina challenging, in the Florida Supreme Court, the real estate tax exemption provided to a competing municipal marina under a state constitutional provision exempting from tax property that is used for a “municipal or public purpose.”  Treasure Coast Marina, LC v. City of Ft. Pierce, __So. 3d __(Fla. 2017).
  • Represent State of North Dakota in litigation challenging EPA’s Clean Power Plan regulation of greenhouse gas emissions from electric generating units.North Dakota v. EPA, No. 15-1381 (DC Cir.).Obtainedstay of the regulation from the U.S. Supreme Court .See 136 U.S. 999 (2016).
  • Represented plaintiff in environmental litigation against DOE, EPA, and other government agencies seeking federal remediation of residual radioactive contamination from uranium ore milling in the 1950's for the U.S. nuclear weapons programs. See El Paso Natural Gas Co. v US, 605 F. Supp. 2d 224 (D.D.C. 2009), aff’d, 632 F.3d 1272 (D.C. Cir. 2011), on remand, 847 F. Supp.2d 211 (D.D.C. 2012), aff’d, 750 F.3d 863 (D.C. Cir. 2014).
  • Represented national trade association challenging revised air emission standards for chromium issued by EPA under the Clean Air Act following a risk and technology (RTR) review.  National Assoc. for Surface Finishing v. EPA, 795 F.3d 1 (D.C.Cir. 2015). 
  • Represented real estate industry group in litigation seeking to require EPA to impose a stormwater discharge permitting program throughout the Charles River watershed.  Conservation Law Foundation v. EPA, No. 15-11727 (D.Mass.).
  • Argued Federal Circuit appeal establishing federal liability to all utilities in the spent nuclear fuel damages litigation. Maine Yankee Atomic Power Co. v US, 225 F.3d 1336 (Fed. Cir. 2000). 
  • Challenged a D.C. Circuit DOE administrative action aimed at justifying DOE’s failure to perform spent fuel removal contracts. Northern States Power Co. v DOE, 128 F.3d. 754 (D.C. Cir. 1997).
  • Represents developer of prominent Florida coastal community in a takings case establishing a key precedent on the "parcel-as-a-whole" and Lucas/residual value issues. See Lost Tree Village Corp. v. US, 707 F.3d. 1286 (Fed. Cir. 2013), rev’g, 100 Fed. Cl. 412 (2011), on remand, 115 Fed. Cl. 219 (2014), aff’d, 787 Fed. 3d 1111 (Fed. Cir. 2015).
  • Represented Town of Palm Beach, Florida, in litigation to establish federal responsibility to remediate beach erosion resulting from a navigation channel constructed and maintained by the U.S. Army Corps of Engineers. Town of Palm Beach, Fla. v. US, No. 09-64 (Fed. Cl.). Settlement achieved in 2013 provides enhanced beach protection and renourishment  for the Town.
  • Obtained just compensation award plus attorneys' fees from U.S. for real estate developer after trial in takings case arising from federal denial of a wetlands development permit, Cooley v US, 46 Fed. Cl. 538 (2000); after appeal, see 324 F.3d 1297 (Fed. Cir. 2003), obtained monetary settlement (including attorneys' fees) plus valid permit and right to complete mixed-use commercial development on the 30-acre wetlands site.
  • Authored U.S. Supreme Court amicus brief of ten real estate industry groups, led by the National Association of Home Builders, in Murr v. Wisconsin, No. 15-214, involving the relevant parcel or “parcel-as-a-whole” doctrine.

Recognition & Leadership

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2013-2017
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
  • Team Member, Daily Business Review's "Real Estate Litigation Department of the Year," 2015
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Co-Chair, D.C. Lawyers for Children's Hospital Annual Golf Classic 
  • Member, American Bar Association 
  • Member, Court of Federal Claims Advisory Council 
  • Member, Federal Circuit Bar Association Amicus Briefing Committee


  • J.D., New York University School of Law, 1980
  • B.A., magna cum laude, Wesleyan University, 1977
  • Hon. Raymond J. Pettine, U.S. District Court for the District of Rhode Island
  • District of Columbia
  • Maryland
  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals for the Eleventh Circuit