Gary H. Baise's Profile Image

Gary H. Baise

Phone: (202) 789-1212
Fax: (202) 234-3550

Gary Baise, a principal at OFW Law who is also co-head of the litigation practice, specializes in Clean Water Act (CWA), Clean Air Act (CAA), National Environmental Policy Act (NEPA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and Solid Waste Disposal Act (SWDA) litigation as well as agricultural corporate governance issues. He has defended clients, including farm producers, in several of the leading wetlands enforcement cases under the CWA in federal courts. He has served as lead trial counsel for port authorities, housing and commercial developers, municipalities, farm and construction equipment manufacturers, and chemical industries in defending them in federal and state courts in government enforcement activities and citizen suits. He serves as general counsel for U.S. Grains Council (USGC), Agricultural Retailers Association (ARA), National Sorghum Producers (NSP), American Soybean Association, and State Ag and Rural Leaders. Gary has over 30 years experience in government and private practice.

Gary was the first Chief of Staff to the first U.S. Environmental Protection Agency (EPA) Administrator and subsequently became director of the EPA's Office of Legislation. He served as executive assistant to the Acting Director of the Federal Bureau of Investigation, Associate Deputy Attorney General, and Acting Deputy Attorney General in the U.S. Department of Justice.

Gary hails from Illinois and received his Juris Doctor from Indiana University Robert H. McKinney School of Law. He served as Chairman of the Virginia Air Pollution Control Board and Vice Chairman of the Virginia Water Control Board by appointment of the Governor of Virginia (2000-2004). He served as the only attorney on USDA's Agricultural Air Quality Task Force during terms of his appointment. In addition, he writes a weekly column Defending Agriculture, for FarmFutures.com.

Bar and Court Admissions

  • Indiana, 1968
  • District of Columbia, 1974
  • U.S. Supreme Court, 1974

Education

  • Indiana University Robert H. McKinney School of Law, Juris Doctorate, 1968
  • Western Illinois University, Bachelor of Science, 1963

Professional Associations

  • Alliance for the Chesapeake Bay, Former Member
  • American Bar Association
  • Chicago Club
  • District of Columbia Bar Association
  • Fairfax County Republican Committee
  • Farm Foundation, Former Trustee and Chairman
  • Illinois Agricultural Leadership Foundation
  • Metropolitan Club
  • Indiana State Bar Association
  • Ocean Spray Cranberries, Inc. (2003-2004)
  • Virginia State Water Control Board, Vice-Chairman, 2000-2004
  • Virginia State Air Control Board
  • Virginia State Solid Waste Board
  • Illinois State Society, Board Member

Representative Cases

  • Rose Acre Farms, Inc. v. North Carolina Department of Environment and Natural
  • Resources, Division of Water Quality, Office of Administrative Hearings Raleigh, NC, Oct. 19, 2011
  • Pierson, et al. v. Bible Pork, Inc., Fourth Judicial Circuit Clay County, IL, Feb. 24, 2009 
  • Sierra Club v. Hennessy, 695 F.2d 643
  • Sierra Club v. U.S. Army Corps of Engineers, 541 F.Supp. 1367
  • Action for Rational Transit v. West Side Highway Project, 536 F.Supp. 1225
  • Action for Rational Transit v. West Side Highway Project, 517 F.Supp. 1342
  • Commonwealth of Kenucky v Alexander & Indiana Port Commission, 655 F.2d 714
  • Bersani v. U.S. EPA, 674 F.Supp. 405
  • State of California v. Marsh & Port of Oakland, 687 F.Supp. 495
  • NRDC v. EPA, 824 F.2d 1146
  • U.S. v. Ethyl Corporation & Occidental Chemical Corporation, 761 F.2d 1153
  • Moon v. North Idaho Farmers Association, 140 Idaho 536
  • SAFE AIR FOR EVERYONE v. Meyer, 373 F.3d 1035 and 544 U.S. 1018
  • SAFE AIR FOR EVERYONE v. EPA, 2006 WL 3697684 (9th Cir.)
  • Williams v. Maxwell Farms of Indiana, Inc., Hyde County, North Carolina, 68C01-0912-CT-0041
  • Neudecker v. Maxwell Farms of Indiana, Inc., Randolph County, Indiana, 68C01-0912-CT-0540
  • Armstrong v. Maxwell Farms of Indiana, Inc., Randolph County, Indiana, 68C01-0912-CT-0539
  • Pegg v. Maxwell Farms of Indiana, Inc., Randolph County, Indiana, 68C01-1001-CT-0042A
  • Pflasterer v. Maxwell Farms of Indiana, Inc., Randolph County, Indiana, 68C01-1212-CT-001276

Publications

  • Global Warming: The Truth is Out There, Environment & Energy Forum, June 2010.
  • Impacts of National Cotton Council of America vs. EPA AG Professional, March 2009.
  • New EPA Mandate! AG Professional, March 2008.
  • Ag Retailer, Employees Indicted in Federal Spray Drift Case, AG Professional, May 2006.
  • Environmental Groups Distort Bush Record, Environment & Climate News, October, 2004.
  • Court Rulings Endanger Farmers' Use of Pesticides, Environment News, August 1, 2004.
  • War Waged Over Buffer Zones, AG Professional, April, 2004.
  • Court Finds Pesticide and Fire Retardant Spraying Are Subject to CWA Permits, AG Professional, September, 2003.
  • Tree Farmers Fight EPA Power Grab, Ag Retailer, April, 2003.
  • U.S. Supreme Court Regulates Plowing, Ag Retailer, March, 2003.
  • Spray Drift Danger Retailers Beware!, Ag Retailer, February, 2003.
  • Wetlands Jurisdiction Post-SWANCC Will Impact Landowners, Ag Retailer, December, 2002.
  • Supreme Court Private Property Rights Case Stirs Controversy, Ag Retailer, November, 2002.
  • Farming equals polluting, court says, Environment & Climate News, October, 2002.
  • Farmers Can Defend Themselves Against Environmentalists, Ag Retailer, September, 2002.
  • Urban Lawns and Camel Noses, Dealer & Applicator, June/July, 2002.
  • Seize the Opportunity to Fight the Environmental Onslaught, Ag Retailer, March, 2002.
  • Does America Want to Keep Agriculture?, Progressive Farmer, Mid-March 2001.
  • Bridge Permit Changes Will Be Minimal, Better Roads, 1999.
  • Finding Our Roots, Facing Our Future: America in the 21st Century, joint author, published by Madison Books, 1997.
  • A Green Conversion, Review of The Making of a Conservation Environmentalist, by Gordon Durnil, published by Common Sense in 1995.
  • The Politics of Waste, published by University of Houston Institute for Business, Ethics, and Public Issues, in 1990.
  • EPA Regulatory Developments: Clean Air Act, Regulation of Toxic Substances, published by Government Institutes, Inc., December 8, 1997.

In the News

Presentations

Browse Gary Baise's posts on the Ag/FDA Blog