"...'unparalleled in the appellate area of environmental law' and in the words of one commentator 'is the man to take with you if you're going to the highest court in the land.'"Chambers USA
"... ‘the foremost appellate environmental litigator in the United States,’ say market sources,” with “particular expertise in clean water and clean air matters."
An experienced appellate lawyer, Tim Bishop has argued seven cases and briefed more than 80 before the US Supreme Court, with an eighth argument scheduled for October 2022, and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the standard treatise on litigation before the U.S. Supreme Court, Supreme Court Practice (11th ed. 2019), a contributor to Federal Appellate Practice (3d ed. 2018), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, fraudulent transfer suits, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in many of the Supreme Court’s leading cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, and Amchem, as well as in important lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Legal 500, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers USA). Tim has consistently been awarded the highest rankings in Chambers USA in environmental law. In Chambers USA 2022, sources say “he is an outstanding writer and oral advocate.” Chambers USA 2021 notes that he “is excellent and a go-to lawyer for environmental litigation.” He “is incredibly smart and good at the intersection of appellate law and policy.” Chambers USA 2019 describes him as a “very strategic thinker who really knows the courts and judges, knows how they think, and knows which arguments might work and which will not.” Chambers USA 2018 says he is "brilliant" and describes him as "the best in the field" by clients who consider him a "go-to-attorney" for major litigation claims. Chambers USA 2017 says he is "one of the nationally preeminent environmental appellate lawyers." In Chambers USA 2016 they note that he "really 'distinguishes himself' in the courtroom with his 'superb' advocacy skills both at the trial and appellate level."
Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer's "migratory bird rule." More recently, in National Ass'n of Manufacturers v. Dep't of Defense, he scored a unanimous victory that solves a jurisdictional debate that has hindered Clean-Water-Act litigants for decades. In Weyerhaueser v. U.S. Fish & Wildlife Service he obtained a unanimous ruling that struck down an overbroad interpretation of “critical habitat” under the Endangered Species Act. In 2022, the Supreme Court agreed to hear his clients’ Commerce Clause challenge to a California law prohibiting sales of pork that does not comply with California’s sow-housing requirements. One leading environmental law professor and practitioner has written that Tim is "industry's leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown's 60-strong Supreme Court & Appellate Litigation practice (which "stands head and shoulders above its competitors," according to Chambers USA). Tim is also a member of the Firm's environmental practice group, which was named an "Environmental Practice Group of the Year" by Law360 two years in a row (2018 & 2019). Previously, Tim served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Tim has been consistently named one of Benchmark's Appellate Illinois Litigation Stars and a Leading Lawyers Top Ten Environmental Lawyer. Other recent accolades include selection as a 2018 Law360 environmental MVP, a 2018 Financial Times commendation for Legal innovation, and 2015 National Law Journal Environmental Trailblazer.
Notable cases before the United States Supreme Court include:
- National Pork Producers Council & American Farm Bureau Federation v. Ross, No. 21-468 (U.S. Sup. Ct., to be argued Oct. 2022): lead counsel in district court, Ninth Circuit, and Supreme Court—obtained certiorari over California’s opposition, in a case designed from its initiation to reach the Supreme Court—whether the dormant Commerce Clause permits California to use a pork sales ban to impose its preferred sow-housing methods on farmers nationwide.
- Weyerhaueser Co. v. U.S. Fish & Wildlife Service, No. 17-71 (U.S. Sup. Ct. argued Oct. 2018): lead counsel and argued—obtained certiorari over United States' opposition, and prevailed 8-0 on the merits, on the issues of whether Fish & Wildlife Service may designate non-habitat as critical habitat for the endangered dusky gopher frog and whether FWS's economic analysis is judicially reviewable.
- National Ass’n of Manufacturers v. Dep’t of Defense, No. 16-299 (U.S. Sup. Ct., argued Oct. 2017): lead counsel and argued—obtained certiorari over United States’ opposition, and prevailed 9-0 on the merits on issue of where challenges to EPA’s “Waters of the U.S.” Rule may be litigated. The case was featured in Law360’s “Biggest Environmental Rulings of 2018.”
- Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center, 133 S. Ct. 1326 (2013): lead counsel for petitioners and argued—obtained certiorari over United States' opposition and prevailed 7-1 on merits on issue whether collected runoff from forest roads is a discharge requiring an NPDES permit.
- South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004): argued—successful petition for certiorari, obtaining grant over opposition of the United States; obtained 8-1 vacatur of adverse court of appeals judgment—Clean Water Act 402 NPDES permit for water transfers—"addition" of a pollutant from a point source.
- Stoneridge Investment Partners v. Scientific-Atlanta, Inc. & Motorola, Inc., 552 U.S. 148 (2008): co-author of defendants' successful brief on the merits—scope of primary securities fraud liability of secondary actors under Section 10(b)—aiding and abetting.
- Mayo Collaborative Services v. Prometheus Laboratories, 132 S. Ct. 1289 (2012): co-counsel for Mayo Clinic—obtained grant of certiorari and unanimous reversal of Federal Circuit decision upholding patent claims that preempt natural correlations between diagnostic test results and patient health—Section 101 patentability.
- Credit Suisse Securities v. Billing, 551 U.S. 264 (2007): co-author of petitioner banks' certiorari stage and merits briefs—successful challenge to antitrust claims directed at conduct during IPOs, obtaining dismissal on implied immunity grounds.
- Borden Ranch Partnership v. U.S. Army Corps of Engineers, 537 U.S. 99 (2002): argued—Clean Water Act 404 permit—"addition" of a pollutant from a "point source"—agricultural exemption—penalties. Court divided 4-4 (Kennedy, J., recused), without issuing opinion.
- Chevron USA Inc. v. Echazabal, 536 U.S. 73 (2002): principal author of successful petition stage and merits briefs; Americans with Disabilities Act—medical testing—threat to self.
- Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001): argued, defeating the United States 5-4; environmental law—Clean Water Act—isolated wetlands—migratory bird rule—Commerce Clause.
Notable cases before Trial and Appellate Courts include:
- U.S. Sugar Corp. (D.S. Fla. 2022): defense of property damage and medical monitoring claims arising from pre-harvest burning of sugar cane; claims substantially dismissed and remainder dropped by plaintiffs.
- In re Flint Water Cases (E.D. Mi. & 6th Cir. 2022) (argued): opposition to class certification and Rule 23(f) petition for private defendants sued in connection with the lead contamination of Flint water supply.
- National Pork Producers Council & American Farm Bureau Federation v. California (9th Cir. 2021) (argued): appeal of dismissal of Commerce Clause challenge to California Proposition 12, which prohibits sale in California of pork not produced in conformity with specific sow housing requirements
- Bank of America v. Commissioner of Internal Revenue (Fed. Cir. 2020) (argued): defend on appeal judgment in favor of Bank of America in interest netting case.
- Cross Refined Coal v. Commissioner of Internal Revenue (DC Cir. 2021) (argued): defend Tax Court judgment that partnership to produce refined coal was bona fide and partners were entitled to refined coal production credit.
- In re Aqueous Film-Forming Foams Products Liability Litigation MDL (D.S.C. 2019): counsel for 3M in complex MDL (and in other non-transferred suits involving alleged PFAS contamination).
- 2019 and 2020 WOTUS Rule Litigation (D.S.C., N.D. Cal., W.D. Wash., D.D.C.):lead counsel for broad coalition of industry trade intervening to defend 2019 repeal of the 2015 WOTUS Rule and 2020 Navigable Waters Protection Rule.
- 2015 WOTUS Rule Litigation (6th Cir.; S.D.N.Y.; D.S.C.; S.D. Tex; S.D. Ga.; W.D. Wash.): lead counsel for broad industry coalition challenging 2015 WOTUS Rule; obtained rulings in Georgia and Texas that rule unlawful.
- New York City Rent Stabilization Law Litigation (2d Cir. 2021; E.D.N.Y. 2019): represent trade groups and building owners in due process and taking challenge to New York City's rent stabilization laws.
- PETA v. North Carolina Farm Bureau (M.D.N.C., 4th Cir. 2021): defense of North Carolina statute defining trespass remedy; appeal of ruling that law violates First Amendment.
- Chambers v. Whirlpool Corp. (9th Cir. 2018): successful appeal of excessive fee award three times settlement value.
- Bell v. 3M Company (D. Colo. 2018) (argued): opposition to class certification of medical monitoring and property damage claims in cases alleging PFAS contamination of water supply (case transferred to MDL before ruling).
- Association of Irritated Residents v. U.S. EPA (9th Cir. 2014): (argued): successful defense of EPA Clean Air Act authority to correct approval of State Implementation Plan to conform to state law exemptions for minor agricultural sources.
- Zino v. Whirlpool Corp. (6th Cir. 2018): appeal of trial court ruling erroneously vesting lifetime retiree health benefits.
- In re Sears, Roebuck & Co. Front Loading Washers Product Liab. Litig. (7th Cir. 2017): successful appeal reducing attorneys’ fee award by $2 million.
- Jesner v. Arab Bank (2d Cir. 2014), successful defense of dismissal of Alien Tort Statute claims by foreign plaintiffs against foreign corporation.
- City of Chicago v. StubHub!, Inc. (Illinois Supreme Court 2012) (argued): obtained 4-3 ruling that Illinois law does not permit Chicago to require Internet ticket resale platforms to collect local amusement tax from their users.
- Consolidated Edision Co. v. Commissioner of Internal Revenue (Fed. Cir. 2013): defense of government appeal of Claims Court ruling allowing tax deductions for leveraged lease transaction.
- In re Superior Offshore Sec. Litig. (S.D. Tex. 2011): counsel for Merrill Lynch and JP Morgan Chase as underwriters—defeated class certification of Section 11 suit.
- Linde v. Arab Bank (2d Cir. 2012): mandamus and collateral order challenge to discovery sanction in suits under Alien Tort Statute and Anti-Terrorism Act.
- U.S. Sugar Corp. v. EPA (D.C. Cir. 2011): petition for review of EPA's Boiler MACT Rule.
- Centro Empresarial Cempresa v. America Movil (N.Y. Ct. App. 2011): successful defense of dismissal of $1 billion business suit based on release of claims.
- Union Carbide Corp. v. Commissioner of Internal Revenue (2d Cir. 2012): appeal of Tax Court ruling disallowing research credits for production-based research and development.
- Hijazi v. United States (7th Cir. 2010): successful mandamus of district court ruling refusing to adjudicate challenge to Interpol Red Notice until foreign national submitted to criminal trial in U.S.; prosecution dropped.
- American Rivers Transp. Co. v. Scott (Cir. Ct. Sangamon County, III. 2009): successful Commerce Clause challenge to state's Section 401 certification "grey water" condition to NPDES General Permit for Discharges Incidental to Operation of a Vessel.
- Ascarco LLC v. Americas Mining Corp. (5th Cir. 2009): obtained vacatur of adverse $9 billion fraudulent transfer judgment following approval of defendant's reorganization plan.
- Murphy v. Comer Oil Co. (5th Cir. 2010): lead counsel for Dow Chemical Company—successful petition for en banc rehearing of Fifth Circuit decision that reversed dismissal of nuisance suit alleging that oil, chemical, and coal power companies' GHG emissions caused plaintiffs' losses from Hurricane Katrina—whether political question doctrine bars suit and plaintiffs lack standing; subsequent successful defense of Supreme Court mandamus petition.
- Zimmerman v. Wabaunsee County (Kansas Supreme Court 2011): lead counsel for the Wind Coalition—amicus brief explaining that a Kansas County's total ban on commercial wind energy development violates Commerce Clause and constitutes an uncompensated taking; court vacated and remanded.
- Kurz v. Fidelity Management & Research Company, 556 F. 3d 639 (7th Cir. 2009): counsel for Fidelity in successful defense of dismissal of "breach of contract" best execution suit under SLUSA.
- Miles v. Merrill Lynch, 471 F. 3d 24 (2d Cir. 2006) & 483 F. 3d 70 (2d Cir. 2007): counsel for Merrill Lynch in successful Rule 23(f) challenge to class certification of Section 10(b) and Section 11 securities suits.
- Friends of the Everglades v. South Florida Water Management Dist., 556 F. 3d 575 (11th Cir. 2010): counsel for defendant United States Sugar Corporation and argued—successful appeal of adverse ruling that Clean Water Act 402 requires NPDES permit for water transfers.
- Hecker v. Deere, 566 F.3d 575 (7th Cir. 2009): co-counsel for Fidelity Management Trust Company in successful defense of dismissal of ERISA claims alleging breach of fiduciary duties.
- Waterkeeper Alliance v. US Environmental Protection Agency, 399 F.3d 486 (2d Cir. 2005): lead counsel for American Farm Bureau Federation in successful APA and CWA challenge to EPA's new Concentrated Animal Feeding Operation regulations.
Other notable cases before the United States Supreme Court include:
- Sackett v. U.S. Army Corps of Engineers (No. 21-454): lead counsel for 14 agricultural organization; merits amicus brief challenging overbroad agency interpretations of Clean Water Act jurisdiction.
- 50 Murray Street Acquisition LLC v. Kuzmich (No. 19-554): amicus brief in support of certiorari petition asking court to recognize judicial taking from interpretation of New York Real Property Tax Law for Real Estate Board of New York.
- County of Miami v. Hawaii Wildlife Fund (No. 18-260): amicus brief on merits for Agricultural Business Organizations arguing indirect discharges from groundwater do not require NPDES permit.
- Knick v. Township of Scott (No. 17-647): lead counsel for American Farm Bureau Federation and National Cattlemen's Beef Association—amicus brief in takings case urging court to overrule Williamson County ripeness rule.
- State of Washington v. U.S.A. (No. 17-269): lead counsel for American Forest & Paper Association and National Mining Ass’n – amicus brief challenging Ninth Circuit interpretation of tribal treaty fishing rights.
- CNH Indus. v. Reese (No. 17-515): successful amicus brief in support of certiorari on vesting of retiree health benefits; summary reversal.
- Hughes v. U.S.A. (No. 17-155): lead counsel for broad amicus coalition addressing Marks rule for interpreting 4-1-4 Supreme Court opinions.
- American Farm Bureau Federation v. U.S. EPA, No. 15-599 (2015): lead counsel for coalition seeking Supreme Court review of EPA's Clean Water Act TMDL for the Chesapeake Bay watershed.
- Tyson Foods v. Bouaphakeo, No. 14-1146 (2015): merits amicus brief for Dow Chemical Company supporting petitioner Tyson in challenge to Rule 23 class certification.
- Arab Bank, PLC v. Linde, No. 12-1485 (2013): petition for certiorari to review denial of mandamus to overturn sanctions in Anti-Terrorism Act and Alien Tort Statute case, obtaining CVSG.
- United States Sugar Corporation v. Friends of the Everglades, 134 S. Ct. 422 (2013)(order): petition for certiorari to review question whether jurisdiction to challenge an EPA regulation that no Clean Water Act permit is required for an activity lies in the district court or court of appeals.
- Lawson v. FMR LCC, 134 S. Ct. 1158 (2014): co-counsel for Fidelity defendants at petition stage and on merits on issue whether Sarbanes-Oxley 804 whistleblower provision covers employees of private companies.
- Whirlpool Corp. v. Glazer, No. 12-322 (2013), and Sears, Roebuck & Co. v. Butler, No. 12-1067 (2013): successful petitions for certiorari challenging class certification of product liability suits; Supreme Court granted petitions, vacated class certification, and remanded in light of Comcast.
- In re Comer (2011)(order): successful opposition on behalf of The Dow Chemical Company to mandamus review of Fifth Circuit decision that, following loss of en banc quorum, reinstated favorable district court dismissal of global warming suit blaming defendants' greenhouse gas emissions for Hurricane Katrina.
- Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, 133 S. Ct. 1184 (2013): amicus brief on behalf of former SEC Commissioners arguing plaintiffs must prove materiality to obtain certification of Section 10(b) class.
- Jones v. Harris Assocs., 559 U.S. 335 (2010): amicus brief for Fidelity Management and Research Co. addressing scope of Investment Company Act 36(b) private cause of action to challenge management fees.
- State of Michigan v. State of Illinois, 130 S. Ct. 1166, 1934, 2397 (2010) (orders): lead counsel for the American Waterways Operators successfully opposing motion by Michigan and six other States for preliminary injunction seeking to close locks on Chicago waterways to prevent Asian Carp reaching Lake Michigan—opposing jurisdiction over petition to reopen original cases.
- Albuquerque v. Albuquerque Commons Partnership, 559 U.S. 936 (2010) (order): co-counsel for respondent ACP—successfully opposed petition for certiorari by City against which ACP obtained $8 million 1983 judgment for violating procedural due process when spot downzoning ACP's property.
- Goss International Corp. v. Tokyo Kikai Seisakusho, 554 U.S. 917 (2008) (order): petition for certiorari seeking antisuit injunction to prevent foreign clawback suit.
- Kanter v. Commissioner of Internal Revenue (Supreme Court 2005): merits briefing in successful challenge to credibility determinations of Special Trial Judge of the Tax Court.
- Public Lands Council v. Babbitt, 529 U.S. 728 (2000): argued; public lands—grazing—environmental law—statutory interpretation.
- Tellabs, Inc. v. Makor Issues & Rights, 551 U.S. 308 (2007): amicus brief for Securities Industry & Financial Markets Ass'n and U.S. Chamber of Commerce—successfully urged tightening of scienter pleading standards in securities fraud cases.
- Merrill Lynch v. Dabit, 547 U.S. 71 (2006): amicus brief for U.S. Chamber of Commerce—successfully argued that SLUSA preempts state securities class actions by securities "holders."
- Peters v. Village of Clifton, 128 S. Ct. 1472 (2008) (order): amicus brief for American Farm Bureau Federation in support of certiorari urging Court to overturn Williamson County's exhaustion rule for takings claims against municipality.
- Commonwealth of Massachusetts v. EPA, 549 U.S. 497 (2007): counsel for amicus leading economists in support of EPA—regulation of vehicle greenhouse gas emissions under Clean Air Act.
- Rapanos v. U.S. Army Corps of Engineers, 547 U.S. 715 (2006): amicus brief for American Farm Bureau Federation in support of petitioners on merits—scope of Corps' Clean Water act jurisdiction over navigable waters of the United States.
- Dura Pharmaceuticals v. Broudo, 544 U.S. 336 (2005): amicus brief for Merrill Lynch & Co. in support of petitioner—Section 10(b)—securities fraud—pleading and proof of loss causation; adverse ruling reversed.
- GDF Realty Investments v. Norton, 545 U.S. 1114 (2005) (order): co-counsel for developer in Commerce Clause Challenge to Endangered Species Act—protection of intrastate, non-commercial species - petition for certiorari.
- Newdunn Assocs. v. U.S. Army Corps of Engineers, 541 U.S. 472 (2004) (order): co-counsel for developer in challenge to Clean Water Act 404 jurisdiction over ephemeral waters—petition for certiorari.
- Pronsolino v. Nastri, 539 U.S. 926 (2003) (order): counsel for American Farm Bureau Federation and individual tree ranchers in petitioning for certiorari—Clean Water Act—authority of EPA to require TMDLs for waters impaired only by non-point sources.
- Sprietsma v. Mercury Marine, 537 U.S. 51 (2002): Federal Boat Safety Act—preemption of state common law tort claims; represented Brunswick in opposing certiorari and on the merits.
- J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001): co-counsel for amicus Cargill in support of respondent on the merits; intellectual property—patents.
- Gibbs v. Norton, 531 U.S. 1145 (2001) (order): lead counsel for amicus National Association of Home Builders in support of certiorari petition; environmental law—Endangered Species Act—Commerce Clause.
- Palazzolo v. Rhode Island, 533 U.S. 606 (2001): lead counsel for amicus American Farm Bureau Federation in support of petitioner on the merits; takings—environmental law.
- Whitman v. American Trucking Associations, 531 U.S. 457 (2001): lead counsel for petitioner American Farm Bureau Federation on the merits; Clean Air Act—particulate matter and ozone rules—non-delegation—cost-benefit analysis.
- District Intown Properties Ltd. P'ship v. District of Columbia, 531 U.S. 812 (2000) (order): lead counsel for amicus National Association of Home Builders in support of certiorari petition; takings—historic preservation.
- Concord Boat Corp. v. Brunswick Corp., 531 U.S. 979 (2000) (order): principal draftsman of respondent Brunswick Corporation's brief in opposition to certiorari; antitrust—Sherman Act 1, 2—Clayton Act 7—market share discounts and vertical mergers.
- City of Monterey v. Del Monte Dunes Ltd., 526 U.S. 687 (1999): lead counsel for amicus American Farm Bureau Federation in support of respondent on the merits; takings—environmental law.
- Robinson v. Administrative Committee of Sea Ray ESOP, 528 U.S. 1114 (2000) (order): counsel for Sea Ray pension plan in opposition to certiorari; ERISA—partial termination of plan.
- Eastern Enterprises v. Apfel , 524 U.S. 498 (1998): lead counsel for amicus Washington Legal Foundation in support of petitioner on the merits; takings—retiree welfare benefits.
- Sprague v. General Motors Corp., 524 U.S. 923 (1998) (order): counsel for respondent General Motors Corporation in opposition to certiorari: ERISA—retiree welfare benefits—class actions.
- Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999): counsel for amicus American Trucking Associations in support of petitioner on the merits and in support of certiorari; labor—Americans with Disabilities Act—compensating mechanisms—statutory interpretation.
- Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999): counsel for American Trucking Associations and National Association of Manufacturers in support of respondent on the merits; labor—Americans with Disabilities Act—compensating mechanisms—statutory interpretation.
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Kravitz, 525 U.S. 811 (1998) (order): counsel for broker-dealers on petition for certiorari; securities—Rule 10b-5—duty of best execution.
- Weisgram v. Marley Co., 528 U.S. 440 (2000): counsel for amicus Brunswick Corporation in support of respondent on the merits; civil procedure—judgment as a matter of law—inadmissible expert testimony.
- Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725 (1997): lead counsel for amicus American Farm Bureau Federation in support of petitioner on the merits; takings—transferable development rights.
- National Association of Home Builders v. Babbitt, 524 U.S. 937 (1998) (order): lead counsel for amicus American Farm Bureau Federation in support of petition for certiorari; Endangered Species Act—Commerce Clause—takings.
- Bennett v. Spear, 520 U.S. 154 (1997): lead counsel for amicus American Farm Bureau Federation in support of petitioner on the merits; Endangered Species Act—landowner standing—zone of interests.
- Weaver v. Wood, 522 U.S. 1049 (1998) (order): counsel for respondent officers of the First Church of Christ, Scientist in opposition to certiorari; First Amendment—church governance—standing.
- Braunstein v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 523 U.S. 1119 (1998) (order): co-counsel for respondent in opposition to certiorari; securities—preemption—broker-dealers' use of customer-free credit balances.
- Ameritech Corp. v. Raczak, 522 U.S. 1107 (1998) (order): counsel for Ameritech Corporation on petition for certiorari; labor—Older Workers Benefit Protection Act—effect of release—tender back of consideration for release.
- Allentown Mack Sales & Service, Inc. v. NLRB, 522 U.S. 359 (1998): counsel for amicus American Trucking Associations in support of petitioner on the merits; labor—poll of employees—unfair labor practices.
- Johnson v. Sheahan, 519 U.S. 1006 (1996) (order): lead counsel for Johnson on petition for certiorari; Fourth Amendment—searches.
- Norwest Corp. v. Commissioner of Internal Revenue, 517 U.S. 1203 (1996) (order): counsel for Norwest Corporation on petition for certiorari; tax—foreign tax credits—pecuniary benefit—IRC 901.
- Babbitt v. Sweet Home Chapter of Communities for a Great Oregon, 515 U.S. 687 (1995): lead counsel for amicus American Farm Bureau Federation in support of respondent on the merits; Endangered Species Act—meaning of term "harm"—habitat modification—statutory construction—takings.
- Nesladek v. Ford Motor Co., 516 U.S. 814 (1995) (order): counsel for Ford Motor Company in opposition to certiorari; tort—choice of law.
- First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995): counsel for petitioner First Options on the merits; arbitration—Federal Arbitration Act—standard of judicial review.
- Borst v. Chevron Corp., 514 U.S. 1066 (1995) (order): counsel for respondent Chevron Corporation in opposition to certiorari; ERISA—"surplus" assets—plan amendment—partial termination of plan.
- Arvey, Hodes, Costello & Burman v. Kline, 513 U.S. 1032 (1994) (order): counsel for Arvey, Hodes on petition for certiorari; securities—Rule 10b-5—statements in opinion letters— cautionary language.
- Dolan v. City of Tigard, 512 U.S. 374 (1994): counsel for amicus American Farm Bureau Federation in support of petitioner on the merits; takings—exactions—physical occupation—nuisance.
- Continental Illinois Corp. v. Commissioner of Internal Revenue, 510 U.S. 1041 (1994) (order): counsel for Continental Illinois Corporation on petition for certiorari; tax—taxation of funds received subject to contingent obligation to repay.
- ABF Freight System, Inc. v. NLRB, 510 U.S. 317 (1994): counsel for amicus American Trucking Associations in support of petitioner on the merits; labor—employee's false testimony—propriety of reinstatement with back pay.
- Michigan Bell Telephone Co. v. Department of Treasury, 513 U.S. 1016 (1994) (order): counsel for Michigan Bell on petition for certiorari; tax—Equal Protection—discriminatory tax burdens.
- Chrysler Corp. v. International Union, 506 U.S. 908 (1992) (order): counsel for Chrysler Corporation on petition for certiorari; labor—arbitration—reinstatement of sexual harasser—public policy.
- Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992): counsel for amicus American Farm Bureau Federation in support of petitioner on the merits; takings—deprivation of all use and value of land.
- Adkins v. General Motors Corp., 504 U.S. 908 (1992) (order): counsel for General Motors Corporation in opposition to certiorari; labor—preemption—Labor Management Relations Act 301.
- Hartford Fire Insurance Co. v. California, 509 U.S. 764 (1993): counsel for Hartford, other insurers, and Insurance Services Office, Inc., as petitioners on merits; antitrust—McCarran-Ferguson Act—antitrust exemption—business of insurance—boycott—standardized terms.
- Southview Farm v. Concerned Area Residents for Environment, 514 U.S. 1082 (1995) (order): lead counsel for Southview Farm on petition for certiorari; environmental law—Clean Water Act—concentrated animal feeding operation—point source—dairy farm.
- Robert Brace Farms v. United States, 515 U.S. 1158 (1995) (order): lead counsel for amicus American Farm Bureau Federation in support of certiorari petition; environmental law—Clean Water Act—normal farming exemption to CWA 404—permit to dredge or fill.
- Soldal v. Cook County, 506 U.S. 56 (1992): counsel for amicus American Civil Liberties Union in support of petitioner on the merits; Fourth Amendment—search and seizure.
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989): counsel for Price Waterhouse on the merits; Title VII—gender discrimination—burden of persuasion.
- Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694 (1988): counsel for Volkswagen on the merits; service of process—Hague Service Convention—service on US subsidiary of foreign corporation.
Other notable cases before Trial and Intermediate Appellate Courts include:
- Tribune Co. v. Commissioner of Internal Revenue, No. 06-3482 (7th Cir.): brief in billion dollar tax dispute defending tax free status of corporate reorganization—favorably settled on appeal.
- Hevesi v. Citigroup Inc., 366 F.3d 70 (2d Cir. 2004): counsel for amicus curiae Securities Industry Association—10(b)—securities fraud—class certification.
- Crue v. Aiken, Chancellor, University of Illinois, 370 F.3d 668 (7th Cir. 2003) (argued): First Amendment—appealing award of declaratory judgment, damages, and fees for Chancellor's alleged prior restraint of faculty and student speech.
- DeMarco v. Robertson Stephens (2d Cir. 2005): counsel for amicus curiae Securities Industry Association—10(b)—securities fraud—class certification.
- Doe v. Veneman, 380 F.3d 807 (5th Cir. 2004) (argued): defense of reverse FOIA injunction on behalf of FWS cooperators.
- ChoiceParts LLC v. Ford Motor Co. (ND Ill.): Sherman Act 1 conspiracy claim—concerted refusal to deal—opposition to preliminary injunction.
- Borden Ranch Partnership v. U.S. Army Corps of Engineers, 261 F.3d 810 (9th Cir. 2001): co-counsel seeking rehearing of adverse Clean Water Act ruling; meaning of "discharge," "addition," and "point source"; scope of normal farming exemption.
- United Phosphorus, Ltd. v. Angus Chemical Co., 322 F.3d 942 (7th Cir. 2002) (en banc): defense of dismissal of Sherman Act 2 claim under Foreign Trade Antitrust Improvements Act.
- In re IPO Securities Litigations, 227 F.R.D. 65 (S.D.N.Y. 2004): opposing class certification of 10(b) and 11 securities claims against Merrill Lynch and other underwriters in suits relating to internet and technology IPOs. Argued.
- McAleer v. General Motors Corp. (N.D. Ga.): represented GM in opposing press efforts to obtain sealed documents filed with court.
- American Farm Bureau Federation v. EPA (D.D.C., N.D. Cal., & 9th Cir.): represented AFBF and numerous grower organizations in challenge to EPA's implementation of the Food Quality Protection Act—pesticide regulation; settled.
- Concord Boat Co. v. Brunswick Corp. , 309 F.3d 494 (8th Cir. 2002): successful appeal of costs order in antitrust suit—awarded over $1 million in costs.
- South Dakota Farm Bureau v. South Dakota , 197 F.R.D. 673 (D.S.D. 2000): successful Commerce Clause and Americans with Disabilities Act challenge by farmers and their organizations to state constitutional amendment barring most corporate farming or ownership of farmland or livestock.
- Pronsolino v. Nastri & U.S. Environmental Protection Agency, 291 F.3d 1123 (9th Cir. 2001): statutory Clean Water Act challenge to EPA requirement that TMDLs be established for water polluted only by non-point sources.
- Aetna Development Co. v. Town of St. Joseph (Michigan Circuit Court 1999): successful challenge to moratorium on real estate development.
- Texas Farm Bureau v. Glickman, 256 F.3d 371 (5th Cir. 2001): defense on appeal of denial of motion to intervene by Animal Protection Institute in reverse FOIA suit.
- American Insurance Association v. Quackenbush, 2000 WL 777978 (E.D. Cal. 2000): constitutional challenge under Foreign Affairs Power, International Commerce Clause & Due Process Clause to California Insurance law regulating overseas insurance practices.
- Wyoming Farm Bureau Federation v. Babbitt, 199 F.3d 1224 (10th Cir. 2000) (argued): Endangered Species Act challenge to federal government's reintroduction of grey wolves to Wyoming and Idaho.
- Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039 (8th Cir. 2000): successful appeal on behalf of Brunswick Corporation in antitrust suit alleging violations of 1 and 2 of Sherman Act and 7 of Clayton Act; $180 million jury verdict set aside.
- Air Canada et al. v. U.S. Department of Transportation, 148 F.3d 1142 (D.C. Cir. 1998): briefs on behalf of joint air carriers in air terminal financing dispute.
- Sprague v. General Motors Corp., 133 F.3d 388 (6th Cir. 1998) (en banc): successful defense of denial of certification of ERISA class action seeking restructuring of nation's largest private medical plan and hundreds of millions of dollars in damages.
- International Paper Co. v. NLRB, 115 F.3d 1045 (D.C. Cir. 1997): successful appeal on behalf of employer in multi-plant strike, lockout, and permanent replacement labor dispute.
- Borst v. Chevron Corp., 36 F.3d 1308 (5th Cir. 1994): successful brief on behalf of Chevron Corporation in multi-million dollar ERISA class action.
- Administrative Committee of Sea Ray ESOP v. Robinson , 164 F.3d 981 (6th Cir. 1999): successful trial, appeal, and Supreme Court briefs on behalf of Brunswick's Sea Ray division establishing that layoffs in economic downturn did not effect partial termination of the plan.
- Delcon Group, Inc. v. Northern Trust Corp., 187 Ill. App. 3d 635 (2d Dist. 1989): successful appeal overturning jury verdict and narrowly construing cause of action for oral commitment to lend funds.
- Newton v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 259 F.3d 154 (3d Cir. 2001): successful defense on appeal of denial of class certification of securities fraud claims against broker-dealers.
- Bowles v. Quantum Chemical Co., 266 F.3d 622 (7th Cir. 2001): appeal of adverse judgment in contractual dispute over severance benefits.
- Joseph T. Ryerson & Son v. NLRB, 216 F.3d 1146 (D.C. Cir. 2000): labor dispute concerning propriety of board certifying unions' joint petition to serve as bargaining representative.
- Van Winkle v. Owens-Corning Fiberglas Corp., 291 Ill. App. 3d 165 (4th Dist. 1997): successful appeal of $4 million jury verdict for conspiracy to fail to warn of asbestos hazards; new trial ordered) (argued post-trial motions).
- General Signal Corp. v. Commissioner of Internal Revenue, 142 F.3d 546 (2d Cir. 1998): amicus brief challenging Tax Court's interpretation of IRC 419A(c)(2)—deductibility of VEBA contributions for retiree benefits.
- Evangelical Lutheran Church v. Atlantic Mutual Insurance Co., 169 F.3d 947 (5th Cir. 1999): successful defense of judgment on insurance contract.
- Trustmark Life Insurance Co. v. The University of Chicago Hospitals, 207 F.3d 876 (7th Cir. 2000): successful appeal to enforce insurer's independent obligation to reimburse for medical treatment.
- North Shore Medical Centers, Ltd. v. Evanston Hospital Corp., No. 92 C 6533 (N.D. Ill. 1998): successful briefs urging JMOL on antitrust claims; successful jury verdict for defendant on all claims.
- Zdeb v. Baxter International, Inc., 297 Ill. App. 3d 622 (1st Dist. 1998) (argued): appeal of $8 million jury verdict for tortious interference with prospective economic advantage.
- Europlast, Ltd. v. Oak Switch Systems, 10 F.3d 1266 (7th Cir. 1993) (argued): obtained remittitur of actual damages on post trial motions and reversal of punitive damages on appeal on tortious interference with contract claim.
- Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1994) (argued): successful appeal of dismissal of 1983 search and seizure claim.
- Hathcock v. Navistar International Transportation Corps, 53 F.3d 36 (4th Cir. 1995): successful challenge to $6 million default sanction in tort suit; district judge should have recused himself.
- Great Lakes Overseas, Inc. v. Wah Kwong Shipping Group, Ltd., 990 F.2d 990 (7th Cir. 1993): successful defense of court's refusal to assert personal jurisdiction over foreign corporation.
- Blackshire v. NAACP, 285 Ill. App. 3d 561 (1st Dist. 1996): successful appeal for NAACP establishing that courts may not intervene in private association's internal disputes and interpretation of its own constitution.
- JWE Recovery Fund v. The Alternative Group Ltd., No. 95-20814 (5th Cir. 1995) (settled): rights and duties of general and limited partners under partnership agreement.
- Illinois v. Russell, 158 Ill. 2d 23 (1994): amicus brief for American and Illinois Public Health Associations in Fourth Amendment search and seizure case.
Northwestern University School of Law, JD, magna cum laude
Articles Editor, Northwestern University Law Review; Order of the Coif; John Henry Wigmore Scholar
University of Oxford, Corpus Christi College, Diploma in Law
University of Oxford, Corpus Christi College, MA
University of Oxford, Corpus Christi College, BA, Law with First Class Honors
- District of Columbia
- US Supreme Court
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Eighth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Tenth Circuit
- US Court of Appeals for the Eleventh Circuit
- US Court of Appeals for the District of Columbia Circuit
- US Court of Appeals for the Federal Circuit
- US Court of Federal Claims
- US Tax Court
- US District Court for the District of Colorado
- US District Court for the Northern District of Illinois
- US District Court for the Western District of Michigan
- American Agricultural Law Association
- Seventh Circuit Bar Association
- Supreme Court Historical Society
- Adjunct Professor: University of Chicago Law School, 1990–1991; Northwestern University School of Law, 1981–1983, 1993–1996; Illinois Institute of Technology–Chicago Kent Law School, 1989–1991
- Guest lecturer at Georgetown University Law Center, Harvard Law School, and Vermont Law School
- "The attorney enviros hate to see at the Supreme Court," Jeremy Jacobs, Greenwire, February 2014 (profile)
- Band 1 ranked in Environmental: "Bishop is the foremost appellate environmental litigator in the United States." - Chambers USA 2015
- Band 1 ranked in Environmental: "brilliant" and the "best in the field" - Chambers USA 2018
- Law360 Environmental MVP 2018
- Financial Times commendation for legal innovation, 2018
- National Law Journal Energy & Environmental Trailblazer 2015
- Legal 500 2018 – listed as one of five “Leading lawyers” for environmental litigation nationwide.
- Band 1 ranked in Environmental: "Bishop "really 'distinguishes himself' in the courtroom with his 'superb' advocacy skills both at the trial and appellate level." - Chambers USA 2016
- Band 1 ranked in Environmental: "Bishop "'is one of the nationally preeminent environment appellate lawyers'" and is "'supersmart.'"- Chambers USA 2016
- Band 1 ranked in Environmental: "He is one of the best in the country." - Chambers USA 2014
- "renowned as a talented appellate lawyer" - Chambers USA 2013
- "lauded for his 'strong litigation skills,' in particular his 'keen insight into the appellate process, excellent brief writing, and organizational skills.'" - Chambers USA 2011
- Leading Lawyers Illinois Top Ten Environmental Lawyer 2018
- Best of the Best 2009 - top 25 US environmental lawyers
- "The go-to guy if you have a serious environmental issue on appeal" and "a great appellate advocate" - Chambers USA 2009
- "...has carefully carved a niche representing clients before the US Supreme Court. 'He's probably one of the most substantial attorneys in this area'..." - Chambers USA 2005
- "Bishop is 'superb and provides exemplary service.'" - Legal 500 2012
- Described in the Lawdragon 500 (2006) as "a high court superstar" and "top advocate"
- Illinois Institute for Local Government Law's annual Litigation Award, 2001
- International Municipal Lawyers Association Amicus Award 2015