Shane Pennington

Associate
Contact
spennington@yettercoleman.com
713.632.8081 | Houston, Texas
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Professional Summary

Shane’s practice is focused on appeals and regulatory litigation for clients in a diverse array of industries, including energy, shipping, aviation, pharmaceuticals, and healthcare. Recent matters have involved challenges to federal agency action under the Administrative Procedure Act, preemption issues under the Airline Deregulation Act, and EPA rule-making challenges under the Clean Air Act.

Shane received his J.D. from The University of Texas School of Law with high honors and served as both the Articles Editor for the Texas Law Review and as Managing Editor with Texas Review of Law and Politics. He completed three clerkships, including with the Honorable Royce C. Lamberth, then-Chief Judge of the United States District Court for the District of Columbia, the Honorable Jennifer Walker Elrod of the United States Court of Appeals for the Fifth Circuit, and the Honorable David B. Sentelle, then-Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.

Prior to joining the firm, Shane was an associate with Baker Botts.

Representative Experience
  • Weyerhaeuser Co. v. U.S. Fish and Wildlife Service Certiorari- and merits-stage amicus curiae briefing on behalf of the Chamber of Commerce of the United States supporting Petitioner’s challenge to the a critical-habitat designation under the Endangered Species Act.
  • Americans for Clean Energy v. EPA Drafted Obligated Party Petitioners’ briefs before the United States Court of Appeals for the D.C. Circuit in challenge to EPA’s Final Rule announcing annual Renewable Fuel Standards under the Clean Air Act.
  • Baker Botts L.L.P. v. ASARCO, LLC Certiorari- and merits-stage briefing on behalf of Petitioners holding that the Bankruptcy Code does not permit bankruptcy courts to award attorney fees to counsel or other professionals employed by the bankruptcy estate for work performed in defending a fee application in court).
  • Research and Mfrs. of Am. v. FTC Drafted Appellant’s briefs before the United States Court of Appeals for the D.C. Circuit in challenge FTC Final Rule under the Hart-Scott-Rodino Antitrust Improvements Act.
  • Halliburton Co. v. Erica P. John Fund, Inc. U.S. Supreme Court merits briefing on behalf of Petitioner resulting in a unanimous opinion in client’s favor holding that securities-fraud defendants must be afforded an opportunity to rebut the presumption of reliance before class certification with evidence of a lack of price impact.
Presentations & Publications
  • "Questions Raised By Laws That Use Copyrighted Standards," Law360, August 2, 2018 (co-author)
  • "The End of the Dance? The Chevron Two-Step and New Directions for Administrative Law," 12th Annual Advanced Texas Administrative Law Seminar, The University of Texas School of Law, August 2017 (co-presenter)
  • "Completing Ely’s Representation Reinforcing Theory of Judicial Review by Accounting for the Constitutional Values of State Citizenship," Texas Review of Law & Politics, 2010
  • "Identity Burglary," Texas Review of Law & Politics, 2009
Education & Professional Background
  • The University of Texas School of Law, J.D., with high honors, 2010 (Order of the Coif, Articles Editor, 2009-2010, Texas Law Review, Managing Editor, 2009-2010, Texas Review of Law & Politics)
  • University of Houston, B.A., summa cum laude, Political Science, 2006 (Founder’s Foundation Scholar, Arete Award Recipient)
  • Law Clerk to the Hon. David B. Sentelle, U.S. Court of Appeals for the D.C. Circuit, 2012-2013
  • Law Clerk to the Hon. Jennifer Walker Elrod, U.S. Court of Appeals for the Fifth Circuit, 2011-2012
  • Law Clerk to the Hon. Royce Lamberth, U.S. District Court District of Columbia, 2010-2011
  • Admitted to Practice: Texas, 2012