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Scott C. Oostdyk Partner

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Richmond T +1 804 775 4743 F fax +1 804 698 2133
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Scott has represented businesses and corporations in contract, insurance, products and technology disputes, land use issues and a variety of pollution problems including air, water and hazardous substance cases. He counsels clients on litigation avoidance planning.

He has challenged federal agency rules before the D.C. Circuit Court of Appeals, and defended environmental class actions. He is one of the leading experts on loss portfolio transfers in the insurance industry, and represents policyholders faced with no-pay, slow-pay or excess exposure claims.

He also practices general commercial litigation, having tried numerous cases to verdict, and argued numerous appeals. He has represented local governments in general litigation matters and has extensive experience with railroad and transportation litigation. He is a graduate of Princeton University and the University of Virginia School of Law. He served former Virginia Governor George Allen as Virginia’s deputy secretary of Health and Human Resources, where he managed 12 health, social service and environmental agencies with a combined $4 billion in budget.

In July 2019, a Princeton Tigers Football committee of coaches and players recognized 1982 alumnus Scott as one of its “best-ever players since 1956” for offense.

Experience

  • Gained the dismissal of a citizens’ suit filed in federal court against a power producer by asserting the diligent prosecution bar to civil actions when the facility is already subject to government enforcement.
  • Represented a major power generator in a 1500-person class action filed in federal court in the Western District of Pennsylvania. Won the nation’s first decision finding common law claims preempted by the Clean Air Act, a decision later reversed on appeal. On remand, won dismissal of the action after prevailing on motions limiting the size and identification of the putative class.
  • Represented a large private coal producer in preparing comments and in litigating against the Clean Power Plan to the point of the unprecedented stay earned by industry in the U.S. Supreme Court pending Circuit appeal.
  • Serving as lead counsel for a coal concern in challenging EPA’s ground level ozone NAAQs rule in the D.C. Circuit Court of appeals.
  • Won a $22 million insurance recovery settlement in the E.D. VA from the National Indemnity Company, a division of Berkshire Hathaway, after NICO denied coverage to an international auto manufacturer following a loss portfolio transfer of policy assets.

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