J. Michael Showalter

Commitment to Pro Bono Service

Mike is deeply committed to pro bono work, particularly matters of significant public interest and civil rights. Mike’s pro bono work uses the same creative toolkit he uses for corporate clients in the public sphere.

Mike’s significant pro bono engagements include

• Protecting Constitutional Rights: Serving as trial and appellate counsel in a civil rights case that challenged restrictive voting laws. Mike also secured the First Amendment rights of non-religious individuals to perform marriages in Illinois and Michigan through federal litigation.
• Influencing High-Stakes Litigation: Filing an amicus brief at the U.S. Supreme Court on behalf of a U.S. Senator regarding state laws that limit content moderation on internet platforms. Mike also filed an amicus brief in the Fourth Circuit on behalf of national health and disability rights organizations, leading to the overturning of a lower court decision that had barred institutional reform litigation related to West Virginia’s foster care system.
• Driving Legislative Change: Challenging Michigan’s assessment of state sales and use taxes on feminine hygiene products. This litigation ultimately led to the Michigan legislature repealing the tax.
• Advocating for the Vulnerable: Representing classes of foster children in litigation against the Illinois Department of Children & Family Services and the State of Illinois on issues ranging from child welfare tosecuring the ability of same-sex couples to become foster parents. Mike has also challenged religious discrimination and unconstitutional conditions of confinement on behalf of incarcerated persons, as well as assisted immigrants seeking asylum and similar relief in the immigration system.
• Blending Litigation with Public Advocacy: After securing a judgment against a con artist who defrauded flea market vendors in multiple states, Mike coordinated with law enforcement and the media to ensure public awareness. This approach led to the con artist’s eventual incarceration for unrelated crimes, effectively ending his multi-state spree of preying on immigrant communities.

Boards, Memberships & Certifications

• American Bar Association
• International Bar Association, Environment, Health and Safety Law Committee, Membership Office (2025-present); Programme Officer (2023-2025)
• The Sedona Conference
  • Working Group 1, Member
  • Brainstorming Group on Proportionality in Discovery and Drafting Team regarding the Use of Technology Assisted Review in Litigation, Member

Publications, Presentations & Recognitions

Publications

• “The End of the Beginning of the Environmental Justice Era?” (co-author) The Magazine for Environmental Managers (2025)
• “Warehouse and Logistics Operations Targeted by Regulatory Push for ‘Indirect Source Rules’ Targeting Vehicle Emissions,” (co-author) Pratt’s Energy Law Report, Vol. 24-6 (2024)
• Primer on Crafting eDiscovery Requests with “Reasonable Particularity, (co-author) The Sedona Conference (2022)
• “Going Beyond: When Can Courts Look Past the Record in an APA Review?” Georgetown Environmental Law Review, Aug. 15, 2019
• “Discovery in the Modern Age,” From the Trenches III: Pretrial Strategies for Success, American Bar Association (2018)
• “Punitive Damages,” in Business Torts and Unfair Competition Handbook, American Bar Association Section of Antitrust Law (2014)
• Scientific Evidence in the Fourth Circuit, in Cynthia H. Cwik et al. (eds.), Scientific Evidence Review: Admissibility of Expert Evidence, Monograph No. 9, American Bar Association Section of Technology & Law (2013)
• Scientific Evidence in the Fourth Circuit, in Cynthia H. Cwik et al. (eds.), Scientific Evidence Review: Admissibility of Expert Evidence, Monograph No. 8, American Bar Association Section of Technology & Law (2008)

Presentations

• “Permits and Policies: Waste Storage and Environmental Justice Considerations,” ABA SEER Section, Webinar (Apr. 23, 2025)
• “Environmental Citizen-Suit Landscape: How Legal and Political Shifts Heighten Risk for Business,” Washington Legal Foundation (Dec. 12, 2024)
• “Industry Perspectives on Environmental Justice,” Environmental Justice: Policy, Practice, and Progress Conference, Air & Waste Management Association (Dec. 4, 2024)
• “Defending Against Citizen Suits,” Strafford Webinar (Oct. 3, 2024)
• Illinois Environmental Resource Group, Title V Seminar – presentation on environmental justice (EJ) issues, Springfield, IL, (Oct. 3, 2024)
• “How to Navigate Environmental Justice Requirements in Permitting Procedures,” (Webinar) Illinois Environmental Regulatory Group (Jan. 24, 2024)
• “Climate Pro Bono Bootcamp,” hosted by Green Pro Bono, the planetary lawyer project and Offit Kurman (Jan. 17-18, 2024)
• “Epa – Full Throttle in 2024. What to Expect in 2024 from The Biden/Regan Epa,” The Regulatory Environmental Group for Missouri (REGFORM) (Dec. 5, 2023)
• “Opportunities and Challenges in the New Environmental, Social and Governance (ESG) Frontier: From Theory to Practice,” ISBA Environmental Law Section’s 21st Annual Environmental Law Conference (May 11, 2023)
• “Fast and Furious EPA: Five Critical Issues Facing Regulated Facilities in 2023,” The Regulatory Environmental Group for Missouri (REGFORM), Conference (Apr. 20, 2023)
• “ESG: The Role of Lawyers Today and in the Future: What could possibly go wrong? ESG-related disputes: litigation and enforcement,” North American Regional Forum and the Energy, Environment, Natural Resources and Infrastructure Law Section, Conference (Feb. 28, 2023)
• “Understanding Environmental Justice: Guidance for Regulated Facilities,” The Regulatory Environmental Group for Missouri (REGFORM) (Dec. 6, 2022)
• “Defending Against Citizen Suits Under Environmental Laws: Notice, Standing, Jurisdiction, Settlements, and More Under RCRA, CERCLA, CWA, and CAA,” Strafford, Webinar (Oct. 4, 2022)
• “Environmental and Energy Law Policy: A Trump vs. Biden Administration,” (speaker) The Chicago Bar Association, Young Lawyers Section, Environmental Law Committee (Oct. 6, 2020)
• “COVID-19 Legal Issues Spotting for In-House Counsel,” Webinar (Apr. 1, 2020)
• “Views on Trump Administration Environmental Policy Updates,” Chicago Bar Association, Young Lawyers Section, Chicago, Ill. (Feb. 21, 2018)
• “Citizen Suits and Community Complaints (Odors),” 2017 Air Quality Management Conference, Oakbrook Terrace, Ill. (Oct. 17, 2017)
• “Citizen Enforcement of the CCR Rule: How Will Enforcement Actions Be Brought, and What Can You Do to Prepare for Them,” (co-presenter) 2017 World of Coal Ash Conference Short Course, Lexington, Ky. (May 8, 2017)
• “Ban Asbestos Legislation, Regulation, and Asbestos Litigation,” Defense Research Institute Seminar on Asbestos Medicine, San Diego, California (2010)

Recognitions

• Emerging Lawyer, Law Bulletin Publishing Company’s Leading Lawyers (2015-2018)
• Illinois Emerging Lawyer, Law Bulletin’s Illinois Leading Lawyers Network (2015)

Professional Activities

Mike devotes substantial time to pro bono matters, particularly related to civil rights and immigration. Recent engagements include the following:

• Serving as trial and appellate counsel in  civil rights case involving voting restrictions passed by the Texas legislature after the 2020 election.
• Filing an amicus brief in the U.S. Supreme Court for a U.S. Senator concerned about Texas and Florida laws limiting content moderation on internet platforms.
• Filing an amicus brief in the Fourth Circuit on behalf of national health and disability rights organizations in support of overturning a lower court finding barring institutional reform litigation related to West Virginia’s foster care system. The Fourth Circuit overturned the district court’s finding below allowing class certification to proceed.
• Securing the First Amendment rights of non-religious persons to perform marriages in Illinois and Michigan through federal challenges to these states’ family laws.
• Challenging Michigan’s assessment of state sales and use taxes on sales of tampons and other feminine hygiene products, which was removed during the  litigation by the Michigan legislature.
• Representing a class of foster children in litigation against the Illinois Department of Children & Family Services.
• Representing a class of foster children against the State of Illinois to secure the ability of same-sex couples to become foster parents.
• Pursuing civil-rights claims on behalf of incarcerated persons related to religious discrimination, unconstitutional conditions of confinement, and in collateral attacks to their original sentences.
• Assisting children and applying for political asylum in the United States

Thought Leadership & Client Insights

Mike’s articles regularly appear or are cited in publications including the Wall Street Journal, Houston Chronicle, Bloomberg Law, Law360, and international media. Mike writes to provide actionable insights for the regulated community and the lawyers and consultants who advise them. Mike regularly speaks on topics including environmental and administrative law; ESG, sustainability, and greenwashing; and developments in the energy space.  JDSupra recognized Mike as a thought leader in the environmental space in 2022, 2023, and 2024. 

Previous Experience

Before entering private practice, Mike clerked for then U.S. Magistrate Judge (later Chief District Judge) Michael F. Urbanski of the Western District of Virginia, and then Chief District Judge David A. Faber of the Southern District of West Virginia.