Mr. Gehan works with clients to develop innovative solutions to regulatory and business challenges, seeking to achieve positive results in the rulemaking process. Working with federal agencies, the U.S. Congress, an international group of scientific and technical experts, and his colleagues at Kelley Drye, he seeks to solve problems without resorting to litigation. Mr. Gehan also has experience in defending the interests of trade associations and businesses as interveners in cases brought by third parties challenging governmental regulations.
For example, working with others in Kelley Drye’s regulatory and administrative law practice group, Mr. Gehan helped defend the interests of commercial fishing associations in more than seven cases brought by groups seeking additional restrictions. He has also successfully argued for and obtained a reversal in the District of Columbia Court of Appeals for reversal of a lower court decision which eroded procedural protections for businesses in the rulemaking process. In a recent pro bono matter, Mr. Gehan developed a legal theory applying basic administrative law principles to a move by the Federal Emergency Management Agency (FEMA) to disqualify low-income persons displaced by Hurricane Katrina from emergency housing benefits. FEMA ultimately provided relief to the plaintiffs without need for trial.
Mr. Gehan serves as vice chair of the American Bar Association’s Administrative Law and Regulatory Practice Section’s Interstate Compact Project Subcommittee, helping develop a model Administrative Procedure Act for interstate compact organizations. He has also served as a commissioner representing the District of Columbia on the Interstate Commission on the Potomac River Basin.
Prior to entering the legal profession, Mr. Gehan acted as director of fisheries for the International Seafarers Union where he organized and represented members in the commercial fishing industry, developed member benefits, and worked in concert with other professional associations.
Representative Experience
Litigating and co-litigating matters involving the Regulatory Flexibility Act, Administrative Procedure Act, Endangered Species Act and Magnuson-Stevens Act at the district court and appellate level.Litigating matters involving Labor-Management Reporting and Disclosure Act issues.
Providing clients government relations services and strategies.
Drafting legal white papers covering a wide array of fisheries law issues for a variety of different fisheries and client needs.
Successfully defending clients in civil enforcement actions.
Participating in federal Fisheries Management Council and Marine Fisheries Commission rulemaking; providing written comment, live testimony, and working with clients to develop regulatory strategies.
Advising a new interstate compact commission on ethics, legal and regulatory matters, assisting with development of a code of ethics and agency operating procedures.
Representing a small business inventor on major litigation involving rulemaking by the U.S. Patent and Trademark Office.
Memberships & Associations
American Bar Association, Administrative Law and Regulatory Practice Section, Interstate Compact Project Subcommittee, vice-chairPro Bono
Representing low income victims of Hurricane Katrina.Represented a Washington, D.C. charter school by assisting with comments on potential changes to the management of charter schools by the local regulatory board.
Worked with D.C. public school teachers and community activists seeking to force improvements in the safety of Washington’s public school facilities. Resulted in appropriation of substantial funds to improve school infrastructure.
