Cuneo Gilbert & LaDuca LLP
Government Regulation
The initiatives and regulations of federal, state, and local government, and their panoply of agencies, have far-reaching effects on our economic and social life. Representing a wide array of clients from foreign governments to public interest groups, our accomplishments demonstrate expertise in a number of fields, including but not limited to, ratemaking, Commerce Clause, and property rights; international law, law of the sea, and environmental law; election law and separation of powers; environmental law and nuclear regulation; and regulation of financial institutions.
Ameren Union Electric Co.
We were part of a team representing AmerenUE in In the Matter of Union Electric Co., the largest electric utility in Missouri, in a major rate case. We dealt with a broad range of regulatory and constitutional issues, including the relationship between federal and state regulatory jurisdiction, the protection of contract rights, and the taking of unregulated property.
Government of Ireland
Mr. Cynkar was part of a team representing the Government of Ireland in a matter arising from the operations of the nuclear facility on the United Kingdom's western coast at Sellafield. That facility has used the Irish Sea as a dumping ground for radioactive waste, and has suffered accidental leaks and other problems indicating a sub-standard safety culture.
NRA Political Victory Fund
Mr. Cynkar, while at another firm, was part of a team that represented the NRA Political Victory Fund in Federal Election Commission v. NRA Political Victory Fund, an enforcement action brought by the Federal Election Commission (FEC). Adopting the legal theory proposed by Mr. Cynkar, the U.S. Court of Appeals for the District of Columbia Circuit held that the FEC lacked the authority to bring the action because its composition violated the Constitution's separation of powers.
McCain-Feingold Campaign Finance Reform Challenged in Supreme Court
In 2003, our firm represented members of Congress on both sides of the aisle, defending the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold bill) in the Supreme Court. In McConnell v. Federal Election Commission, the Court upheld almost all provisions of the McCain-Feingold bill.
Yucca Mountain
Mr. Cynkar was part of a team representing the State of Nevada in opposition to the proposed Yucca Mountain nuclear waste repository in Nuclear Energy Institute, Inc. v. Environmental Protection Agency. This representation has already involved several cases in the U.S. Court of Appeals for the District of Columbia Circuit and proceedings before the Nuclear Regulatory Commission (NRC).
Winstar Cases
Mr. Cynkar, while at another firm, was part of the team that brought, and prosecuted through the Supreme Court, the landmark United States v. Winstar case.
Federal regulators, in an effort to reduce their insurance liabilities for failing savings and loans during that industry's financial crisis, had entered into agreements with the Winstar plaintiffs to take over and recapitalize failing thrifts. Subsequent legislation overhauling thrift regulation required federal regulators to breach key elements of these agreements to temporarily forebear enforcing certain regulatory standards.
