Education

J.D., with honors, The George Washington University Law School
B.A., University of Northern Colorado

Admitted

Colorado
District of Columbia
U.S. District Court, District of Columbia

Distinctions

Memberships

Community Involvement

David Longly Bernhardt

David provides comprehensive strategic counseling to a wide range of corporate and government entities. He advises clients on issues originating from Capitol Hill, the White House, Federal administrative agencies and the courts, with special emphasis on issues and transactions related to environmental, energy and natural resource matters. He also represents clients in regulatory enforcement proceedings, environmental and permitting reviews and in adjudications.

David has recently represented:

  • Alternative energy developers involved in projects on, or near, Federal lands.
  • An electric transmission facilities developer that cross lands in federal jurisdiction.
  • Mining companies who have plans to develop copper, uranium or potash resources.
  • An energy company focused on drilling in deepwater of the Gulf of Mexico.
  •  A mining company undergoing an audit regarding royalty payments.
  • An entity under investigation by a Federal Agency.
  • Public agencies who are seeking to enhance their relationship with, or to resolve longstanding conflicts with, the United States.

David's practice is based on extensive experience gained from his public service as a policymaker and lawyer who led efforts related to conventional and alternative energy development, natural resources planning, environmental compliance, climate change, species conservation and Indian affairs.

In 2006, David was unanimously confirmed by the United States Senate to serve as the Solicitor of the Department of the Interior (DOI). Prior to serving as Solicitor, he held several high level positions with the Interior including: Deputy Solicitor, Deputy Chief of Staff, Counselor to the Secretary of the Interior, and Director of the Office of Congressional and Legislative Affairs.

As Solicitor, David was the Chief Legal Officer and third ranking official for the U.S. Department of the Interior. He provided advice and counsel on a wide range of legal and policy matters to each of the agencies that make up the Department of the Interior, while leading a team of nearly 500 attorneys and staff.

In addition to his responsibilities at the Department of Interior, David was appointed by President Bush to lead the International Boundary Commission between the United States and Canada from July 2007 to January 2009. David was responsible, along with his Canadian counterpart, for maintaining the 5525 mile international boundary between these two nations.

As Director of the Office of Congressional and Legislative Affairs at DOI, David formulated and executed strategy for the Department's legislative initiatives on Capitol Hill. His responsibilities included developing testimony, preparing witnesses (including the Secretary of the Interior) to testify before congressional committees, responding to congressional requests for information and documents, and guiding the President's Interior Department nominees through the confirmation process.

Throughout his tenure at the DOI, David played a lead role in several of the Department’s most challenging and significant matters by:

  • Issuing multiple M-Opinions formalizing the Department of the Interior’s legal interpretation regarding various statutes including: the Mineral Leasing Act, the Outer Continental Shelf Lands Act (OCS), the Endangered Species Act, the Marine Mammal Protection Act, and the Indian Gaming Regulatory Act.
  • Co-chairing the Department of the Interior’s Energy Coordination Council, whose purpose was to facilitate the implementation of the Energy Policy Act of 2005.
  • Successfully negotiating on behalf of the Department of the Interior and subsequently leading the implementation of the Arizona Water Rights Settlement Act of 2005, one of the largest Indian water rights settlements in U.S. history.
  • Leading the Department of the Interior’s team that worked with representatives of the environmental community, the State of Colorado, local governments and various water users to successfully resolve longstanding litigation regarding the federal reserved water right for the Black Canyon of the Gunnison National Park.
  • Serving as primary counsel for the determination that the polar bear was a threatened species under the Endangered Species Act (ESA), and playing a significant role in the development of a special rule for the application of Section 9 of the ESA to threatened polar bears.
  • Serving as the Department of the Interior’s lead agency counsel on numerous litigation matters ranging from multi-billion dollar civil litigation cases to certain matters before the Supreme Court of the United States and other federal appellate courts.
  • Playing a significant role in the development of multiple land use plans and offshore energy leasing programs, and leading efforts to work with Congress and throughout the administration to make certain areas within the OCS available for conventional and alternative energy development, as well as NEPA compliance.

Prior to his service within the Executive Branch, David was an associate at Brownstein from 1998-2001. Before joining Brownstein in 1998, he served as legislative director and rules committee associate in the U.S. House of Representatives for Congressman Scott McInnis.

Representative Matters

The firm is assisting UR Energy in obtaining NEPA approval and to address federal and state stipulations regarding the Sage Grouse. Brownstein is working closely with UR Energy to make sure that federal and state regulations are reasonable and permit ongoing production.
The firm is assisting Rosemont in development of one of the largest copper mines in the world. Specifically, we are advising the company on all aspects of obtaining NEPA and and Endangered Species permitting issues. We are also working closely with Rosemont to promptly obtain all necessary air, water and land use approvals.