Brian Stansbury

Overview

With a distinguished career spanning more than 20 years in public service and private practice, Brian is a go-to problem solver who provides clients with strong crisis management and environmental compliance and regulatory counseling, including enforcement defense work and associated litigation. He has advised diverse global clients—related to the transportation, manufacturing, and financial services industries, and more—on a range of environmental matters, such as Congressional and Environmental Protection Agency (EPA) engagement strategies, EPA and California Air Resources Board (CARB) compliance programs, and Clean Air Act litigation. He acquired a unique perspective working as a leader in the US Department of Transportation (DOT) and uses that experience to deliver measured insight to clients.

Prior to joining Hunton, Brian served in several roles at DOT including, most recently, Deputy General Counsel for the Office of the Secretary (OST), as well as Special Counsel for the OST and Chief Counsel for the Federal Motor Carrier Safety Administration (FMCSA). At DOT, Brian demonstrated leadership in managing pivotal enforcement actions and advising on regulatory challenges. He served as lead negotiator and deal maker for the agency in enforcement actions involving safety, consumer protection, and mergers, with a particular focus on aviation and surface transportation. He also routinely briefed members of Congress and their staff and advised a former US Secretary of Transportation and modal administrators, which included preparing them for Congressional testimony.

Before his tenure at DOT, Brian was a partner in private practice focused on commercial litigation and regulatory counseling for automotive and non-road engine manufacturers and representing them in compliance and enforcement actions involving emissions issues and product safety before the EPA, CARB, and the Department of Justice (DOJ). Those “emissions issues” could include helping a client that is seeking to certify an engine family for production, obtaining approval to change the composition of a gas tank, or responding to complex inquiries or enforcement from EPA or CARB that could result in recalls, penalties, criminal sanctions, and private and state attorneys general litigation. He also counseled on subject matter such as Congressional and EPA engagement strategies, toxic torts, battery storage disputes, off-road recreational vehicle safety requirements, and the Clean Air Act and advised clients in litigation funding, incident response, and product stewardship matters.

Experience

Select government experience prior to joining Hunton:

Served as Deputy General Counsel at DOT. Led the 55-attorney team comprising the FMCSA Office of the Chief Counsel, which advises FMCSA on all legal matters, and was an agency decision maker and author of numerous legal opinions adjudicating alleged safety violations.
Lead negotiator for DOT Office of Aviation Consumer Protection (OACP) and the Office of the Secretary in historical consumer protection and civil rights enforcement actions, including the $50 million penalty issued to American Airlines for violating the rights of passengers with disabilities and DOT’s review of the transfer of international route authorities in connection with the Alaska Airlines and Hawaiian Airlines merger.
OGC Front Office lead on enforcement matters involving alleged violations of the Air Carrier Access Act with respect to the mistreatment of passengers with disabilities.
Coordinated with NHTSA and DOJ on litigation strategy in connection with a legal challenge to CAFE rule.
Advised PHMSA in connection with the “Pipeline Safety: Gas Pipeline Leak Detection and Repair” rule.
Primary legal counsel for DOT in multiple negotiations aimed at averting labor strikes.
Routinely briefed members of Congress and their staff on issues involving all transportation modes.
Advised NHTSA in connection with negotiations with states and advocacy groups involving right to repair.

Select private practice experience prior to joining Hunton:

Counseled a medical device company regarding its Congressional and EPA engagement strategies with respect to the use of ethylene oxide in its sterilization processes.
Coordinated emergency response for a chemical company after a plant explosion.
Disputes counsel for a UK private equity fund with respect to its battery storage projects.
Developed a multi-state database to enable manufacturer of off-road recreational vehicles to identify and comply with safety and registration requirements in all 50 states.
Counsel to a manufacturer of large spark ignition engines with respect to developing compliance programs and responding to administrative subpoenas issued by EPA and CARB.
Lead counsel for a manufacturer of aftermarket automotive parts in citizen suits alleging violations of anti-tampering provisions of the Clean Air Act.
Counsel to an automotive manufacturer in nationwide lawsuits filed by state attorneys general alleging that diesel engines contained defeat devices and generated excess emissions of NOx.
Represented numerous clients with respect to federal, state, and common law environmental claims arising from alleged groundwater contamination in Florida, South Carolina, Indiana, New York, New Jersey, North Carolina, Pennsylvania, Illinois, California, and Connecticut. Representations involved 1,4-Dioxane, TCA, TCE, vinyl chloride, chloroform, atrazine, and PCB.
Trial counsel in S. v. W.R. Grace, with primary responsibility for developing scientific defense to alleged criminal violations of the Clean Air Act. Client was found not guilty on all counts. Supervised and developed expert work in this case and related civil actions that was cited favorably in the Wall Street Journal and resulted in two peer-reviewed scientific publications.
Advised a member of Congress regarding potential PFAS legislation.

Accolades

Honors & Recognitions

Received FMCSA Administrator’s Award (in connection with leading the agency’s response to fatalities involving release of anhydrous ammonia)
Received Mentor Award (from prior law firm)
Received Eppa Hunton IV Memorial Book Award