Overview

Avi Kupfer is a Litigation & Dispute Resolution associate in Mayer Brown’s Chicago office and a member of the firm’s Supreme Court & Appellate Practice. He focuses his practice on briefing appeals and dispositive motions in federal and state court, and on developing legal strategy for proceedings before courts and agencies.

Before joining the firm, Avi was an appellate attorney in the Environment & Natural Resources Division of the US Department of Justice, where he served as lead counsel on dozens of matters, briefing and arguing civil and criminal cases in federal courts of appeals on topics including administrative procedure, pollution control, natural resources, and Indian law. In that role, Avi also worked closely with the Office of the Solicitor General to draft jurisdictional and merits briefs in the US Supreme Court on a broad range of issues. He twice received the Assistant Attorney General’s Award for Excellence in recognition of his advocacy.

Avi previously clerked for Judge Danny J. Boggs of the US Court of Appeals for the Sixth Circuit. He received his law degree magna cum laude from the University of Michigan, where he served as Articles Editor of the Michigan Law Review. Before law school, Avi worked on a nutrition-accessibility initiative at a Fortune 50 company. He received his undergraduate degree cum laude from Yale University.

Experience

Recent cases briefed and argued:

Administrative Procedure

  • Nat’l Wildlife Fed’n v. Sec’y of the Dep’t of Transp. (6th Cir. 2020) (Nondiscretionary Agency Action)
  • Oceana v. Ross (D.C. Cir. 2019) (Scope of Agency Record)*
  • Conservation Cong. v. U.S. Forest Serv. (9th Cir. 2019) (Environmental Review)*
  • Dine CARE v. Bernhardt (10th Cir. 2019) (Environmental Review)*
  • Sierra Club v. U.S. Dep’t of the Interior (4th Cir. 2018) (Environmental Review)*
  • Highway J Citizens Grp. v. Dep’t of Transp. (7th Cir. 2018) (Environmental Review)*

Statutory Interpretation

  • San Luis Obispo Coastkeeper v. U.S. Dep’t of the Interior (9th Cir. 2020) (Water Rights)
  • Mass. Lobstermen’s Ass’n v. Ross (D.C. Cir. 2019) (Antiquities Act)*
  • Cranbury Brick Yard, LLC v. United States (3d Cir. 2019) (CERCLA)*
  • Cherokee Nation v. Bernhardt (10th Cir. 2019) (Indian Law)*
  • Cowpasture River Pres. Ass’n v. U.S. Forest Serv. (4th Cir. 2018) (Mineral Leasing Act)*
  • All. for the Wild Rockies v. U.S. Army Corps of Eng’rs (9th Cir. 2018) (Attorney’s Fees)*
  • Safari Club Int’l v. Zinke (D.C. Cir. 2017) (Endangered Species Act)*

Civil and Criminal Liability

  • Appellant v. Appellee (7th Cir.) (pending) (Grand Jury Subpoena)
  • United States v. Coleman (11th Cir. 2020) (Clean Water Act)

Justiciability

  • S. Utah Wilderness All. v. Dep’t of the Interior (10th Cir. 2019) (Mootness)*
  • Gallatin Wildlife Ass’n v. U.S. Forest Serv. (9th Cir. 2018) (Finality)*
  • Freeman v. United States (Fed. Cir. 2017) (Ripeness)*
  • Ouachita Watch League v. U.S. Forest Serv. (8th Cir. 2017) (Standing)*

*Argued

Education

University of Michigan Law School, JD, magna cum laude
Articles Editor, Michigan Law Review

Yale University, BA, cum laude

Admissions

  • California
  • Not admitted in Illinois. Practicing under the supervision of firm principals.

Court

  • US Supreme Court
  • US Court of Appeals for the First Circuit
  • 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 Ninth Circuit
  • US Court of Appeals for the Tenth Circuit
  • US Court of Appeals for the District of Columbia Circuit