Scott C. Oostdyk

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Practices
Industries
Education
  • University of Virginia School of Law, JD, 1987
  • Princeton University, BA, with Distinction, 1982
Admissions
  • Pennsylvania
  • Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Western District of Virginia
Affiliations

Member, Virginia Bar Association

President, Greater Richmond Bar Foundation, 2014 – 2015

President. Princeton University Class of 1982, 2012 - 2017

Coordinator, Virginia's Health and Environmental Response to the Pfiesteria Picada Outbreak, 1997

Member, National Association of Railroad Trial Counsel

Member, Transportation Committee, Lex Mundi

Chairman, Community Drug Programs Committee, Richmond Bar Association, 1991-1993

President, Princeton Association of Virginia, 1993-1995

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 the News

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Scott C Oostdyk
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T: +1 804 775 4743F: +1 804 698 2133Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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.

Named "Lawyer of the Year," Litigation - Environmental, Richmond, Best Lawyers in America, Woodward/White, Inc., 2016

Selected for inclusion in The Best Lawyers in America, Commercial Litigation, Bet-the-Company Litigation, Litigation - Environmental, Woodward/White, Inc., 2009-2017

Named a Fellow of the Virginia Law Foundation, 2016

Named to "Legal Elite," Civil Litigation, 2007, 2009, 2010, 2013, 2015; Legal Services/Pro Bono, 2012,Virginia Business

Named to "Virginia Super Lawyers," Business Litigation, Environmental Litigation, Legal Aid/Legal Services, Super Lawyers, Thomson Reuters, 2009, 2012-2017

Appointed to the Supreme Court of Virginia’s Access to Justice Commission, 2014

Named a “Leader of the Law,” Virginia Business, 2012

Named to "Twenty One Young Lawyers Leading Us Into the Twenty First Century," American Bar Association, 1995

Recipient, Burnette Award as Young Lawyer of the Year, the Virginia Bar Association, 1994

Recipient, U.S. Department of Justice Award for Public Service, 1992

Co-author, "What If States Opt Out Of EPA’s Existing Source Rule?," Law360, November 24, 2014
Co-author, "A Constitutional Challenge to EPA’s “Clean Power Plan”," Law360, October 28, 2014
Author, "The Four Horseman of Mitigation of Damages: The Americans with Disabilities Act, Surveillance, Rehabilitation and Vocational Placement," National Association of Railroad Trial Counsel's Bulletin
Author, "Present Valuing Future Wage Loss: Who has the Burden of Proof," National Association of Railroad Trial Counsel's Bulletin
Speaker, 11th Annual Coal Industry Briefing, September 19, 2012