Madeline P. Fleisher

Of Counsel
Madeline has spent over a decade practicing as an environmental and energy attorney, handling a broad set of issues from a variety of perspectives.  Her experience includes time at the U.S. Department Justice, litigating on the front lines of federal environmental regulation; at a Washington, D.C. law firm, helping large private sector clients address thorny environmental compliance issues; and at a regional environmental non-profit, finding innovative ways to advocate for clean energy and clean water in Ohio and across the Midwest.  Madeline’s diverse background and expertise allows her to bring the full set of advocacy tools to bear for her clients.

Education & Credentials

Education

Harvard Law School

J.D., 2007
  • Editor-in-Chief, Harvard Environmental Law Review
  • cum laude

Yale University

B.A., 2004
  • cum laude

Bar Admission

  • Ohio

Acknowledgements

  • Leadership Columbus Class of 2020 
  • Midwest Energy News 40 Under 40 (2018)
  • U.S. Department of Justice, Special Achievement Award, Greenhouse Gas Stay Opposition Team (2011) 

Prominent Assignments

  • Litigated multiple energy efficiency plan proposals, distribution rate cases, and electric security plan applications at the Public Utilities Commission of Ohio
  • Negotiated favorable settlements in cases at the PUCO involving distribution rate design, energy efficiency programs, and electric vehicle infrastructure
  • Drafted and submitted comments for several PUCO rulemaking dockets
  • Coordinated stakeholder engagement in major PUCO grid modernization initiative, PowerForward
  • Provided counsel on National Environmental Policy Act compliance for large wind farm
  • Led Clean Water Act litigation against U.S. Environmental Protection Agency regarding phosphorus pollution in western Lake Erie, resulting in judgment against U.S. EPA
  • Successfully defended U.S. Environmental Protection Agency rule requiring State of Texas to implement greenhouse gas control requirements in issuing Clean Air Act Prevention of Significant Deterioration permits, Texas v. U.S. EPA, 726 F.3d 180 (D.C. Cir. 2013)
  • Served as primary attorney in obtaining decision affirming the U.S. Environmental Protection Agency’s 2008 primary National Ambient Air Quality Standard for ozone under the Clean Air Act, Mississippi v. U.S. EPA, 744 F.3d 1334 (D.C. Cir. 2013)
  • Secured appellate court ruling upholding U.S. Environmental Protection Agency Clean Water Act permit for large sewage treatment plant, Upper Blackstone Water Pollution Abatement District, 630 F.3d 9 (1st Cir. 2012)
  • Member of federal litigation team defending U.S. Department of Defense as potentially responsible party in $500 million and $100 million hazardous waste site cleanups

Community Involvement

  • Congregation Tifereth Israel, Columbus, OH
    • Board of Trustees (2019-Present)
    • Social Action Committee Co-Chair (2016-Present)

Court Admissions

  • Northern District of Ohio

Experience

  • Law Clerk, Hon. Michael A. Ponsor, U.S. District Court for the District of Massachusetts (2007-2008)
  • Law Clerk, Hon. Julio M. Fuentes, U.S. Court of Appeals for the Third Circuit (2008-2009)

Publications/Presentations

  • Panelist, Water Quality Standards: What Does “Compliance” Mean and What Are the Challenges?, Clean Water Act 2019: Law and Regulation, American Law Institute-Environmental Law Institute (2019)
  • Not Your Ordinary Citizen Suit: Other Options for Pursuing Environmental Remedies, Ohio State Bar Association 33rd Annual Ohio Environment, Energy and Resources Law Seminar (2018)
  • Clean Water Act Impairment and Lake Erie, University of Toledo College of Law, 17th Annual Great Lakes Water Conference (2017)
  • Co-Author, “Litigating the Clean Air Act: Preemption of State Emissions Torts,” Bloomberg BNA Daily Environment Report (2014)
Have a question or want to connect?