J. Michael Showalter

Partner

Mike is a problem-solver whose practice focuses primarily on resolving complex and high-stakes environmental and public policy disputes that are legally novel or technically complex.

J. Michael Showalter Portrait

Mike strategizes, analyzes, and litigates complex business disputes that have environmental and frequently big-picture policy implications. He is well-versed in the decades-old statutes and regulations that govern rapidly evolving issues, including fracking, superfund remediation, and carbon capture sequestration. Mike’s work principally involves disputes arising under environmental statutes including CERCLA, RCRA, the Clean Air Act, and the Clean Water Act.  In addition, Mike has represented parties in civil rights, commercial, class action, toxic tort, and regulatory litigation in courts throughout the United States.

Mike’s has worked witha wide range of clients. He has represented individuals; municipalities; trade associations; non-governmental organizations; and businesses engaged in industries including manufacturing, power generation and transmission, and the financial and insurance sectors. Over his 20-year legal career, Mike has worked with hundreds of experts in fields ranging from history and economics to environmental engineering and risk assessment. He has resolved claims before any complaint has been filed, clear through managing issues related to the implementation of longstanding consent decrees.

Mike’s beginnings in a West Virginia steel town provide him with a unique perspective when litigating headline­-grabbing cases involving large industrial sites. He understands the details of each case and distills complicated facts into compelling arguments that carry weight with both courts and the broader communities where his clients live and operate. He also effectively works with individuals and organizations to manage legal and reputational risks associated with their operations

Previous Work

Before entering private practice, Mike clerked for then U.S. Magistrate Judge (now Chief District Judge) Michael F. Urbanski of the Western District of Virginia, and Chief District Judge David A. Faber of the Southern District of West Virginia.

Client Work

  • Mike defends parties against “citizen suits” brought by private parties and non-governmental organizations alleging that their activities have violated federal or state law. His successes include securing the dismissal with prejudice – upheld by the Ninth Circuit – of a case alleging that a West Coast utility’s use of hundreds of thousands of telephone poles was illegal, and securing the dismissal of air-related claims at the federal and state level against a Midwestern utility.
  • Mike has successfully represented individuals and organizations bringing multiple claims challenging the constitutionality of state laws and has filed amicus briefs related to government policies or conduct in various appellate courts.
  • Mike secured a summary judgment win for a natural gas company alleged to have contaminated groundwater through fracking. After expert discovery, the Court dismissed the claims, finding that Plaintiffs had failed to produce any evidence linking their damages to Mike’s client.
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Boards, Memberships & Certifications

  • American Bar Association
  • International Bar Association, Environment, Health and Safety Law Committee, Programme Officer (2023-present)
  • The Sedona Conference
    • Working Group 1, Member
    • Brainstorming Group on Proportionality in Discovery and Drafting Team regarding the Use of Technology Assisted Review in Litigation, Member

Publications, Presentations & Recognitions

Publications

  • “The End of the Beginning of the Environmental Justice Era?” (co-author) The Magazine for Environmental Managers (2025)
  • Warehouse and Logistics Operations Targeted by Regulatory Push for ‘Indirect Source Rules’ Targeting Vehicle Emissions,” (co-author) Pratt’s Energy Law Report, Vol. 24-6 (2024)
  • Primer on Crafting eDiscovery Requests with “Reasonable Particularity, (co-author) The Sedona Conference (2022)
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Presentations

  • “Permits and Policies: Waste Storage and Environmental Justice Considerations,” ABA SEER Section, Webinar (Apr. 23, 2025)
  • “Environmental Citizen-Suit Landscape: How Legal and Political Shifts Heighten Risk for Business,” Washington Legal Foundation (Dec. 12, 2024)
  • “Industry Perspectives on Environmental Justice,” Environmental Justice: Policy, Practice, and Progress Conference, Air & Waste Management Association (Dec. 4, 2024)
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Recognitions

  • Emerging Lawyer, Law Bulletin Publishing Company’s Leading Lawyers (2015-2018)
  • Illinois Emerging Lawyer, Law Bulletin’s Illinois Leading Lawyers Network (2015)

Professional Activities

Mike devotes substantial time to pro bono matters, particularly related to civil rights and immigration. Recent engagements include the following:

  • Serving as trial and appellate counsel in  civil rights case involving voting restrictions passed by the Texas legislature after the 2020 election.
  • Filing an amicus brief in the U.S. Supreme Court for a U.S. Senator concerned about Texas and Florida laws limiting content moderation on internet platforms.
  • Filing an amicus brief in the Fourth Circuit on behalf of national health and disability rights organizations in support of overturning a lower court finding barring institutional reform litigation related to West Virginia’s foster care system. The Fourth Circuit overturned the district court’s finding below allowing class certification to proceed.
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Awards

Awards
JD Supra Readers Choice Top Author 2025 JD Supra Readers Choice Top Author 2024 JD Supra Readers Choice Top Author 2023