Richard B. Herzog

Harkins Cunningham LLP – Washington, DC

Richard B. Herzog

Richard B. Herzog

(202) 973-7602

Suite 400
1700 K Street, N.W.
Washington, DC 20006-3804

Richard Herzog is an advocate in matters arising before independent regulatory agencies, the Executive Branch of the federal government, and federal courts. He has represented proponents and opponents of mergers and other strategic initiatives in regulated industries, including electric utilities, freight railroads, and health insurers; represented energy companies in a variety of regulatory matters; defended nuclear power plants against claims of injury from radioactivity; and defended a large producer of computers and software against monopolization and tying claims. He has published articles on energy (including proposed cap-and-trade legislation to regulate greenhouse gases), antitrust, and advertising. His engagements often entail extensive economic testimony and substantial issues in administrative law.

Mr. Herzog draws on his legal and managerial experience as Deputy Administrator for Policy and Assistant Administrator for Enforcement in the Economic Regulatory Administration at the U.S. Department of Energy, and as head of the National Advertising Division in the Bureau of Consumer Protection at the Federal Trade Commission.


  • Harvard Law School, 1963, L.L.B.
  • Williams College, 1960, B.A., with highest honors, Phi Beta Kappa

Honors and Professional Affiliations

  • Listed in Who's Who in the World; Who's Who in American Law; Who’s Who in America; Who’s Who in the East
  • Elected to Cosmos Club, Washington, DC (Feb. 2008)

Bar and Court Admissions

  • Mr. Herzog is admitted to practice in the District of Columbia and is a member of the Bars of the Supreme Court of the United States, and of the Third, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, District of Columbia, and Federal Circuit Courts of Appeals.


  • Chair, DC Appleseed Center for Law and Justice (2004-07), board member (2001-)
  • Chair, Trustees of Robert L. Gaudino Mem. Fund, Williams College (1982-1996)

Publications and Congressional Testimony

  • With Nicholas W. Fels, Offsets Under Section 111 of the Clean Air Act: The Inconvenient Need for Additionality and the Role of Super-Categories, 43 ENVIRONMENTAL LAW REPORTER 10257 (2013).
  • Cap-and-Trade and Carbon Tax: Time for Another Look at the Relative Costs, BNA World Climate Change Report, June 23, 2009, available to subscribers at; BNA Daily Environment Report, June 25, 2009, available to subscribers at; also available from author in PDF format prepared by BNA.
  • Offset Allowances Under Cap-And-Trade: Key Concepts, ABA Climate Change, Sustainable Development, and Ecosystems Committee Newsletter, May 2009, at 6, available at
  • Divestiture from the Buyer’s Point of View: Up-Front Buyer Provisions in FTC Merger Consent Decrees, ANTITRUST, Spring, 1999, at 43.
  • Don't deny useful claims in environmental advertising, ADVERTISING AGE, April 1, 1991, at 20.
  • Regulators Should Take Fresh Approach To Environmental Advertising, ADVERTISING AGE, 1991.
  • With Andrew D. Lipman, Utility Asset Use in Nonutility Lines of Business and the Revenue Allocation Problem, 120 PUBL. UTIL. FORTNIGHTLY, Aug. 6, 1987, at 9.
  • With Robert M. Herzog, Energy for the High Tech Building: Cogeneration and Contextual Energy Management, in HIGH TECH REAL ESTATE 300 (Alan D. Sugarman, Andrew D. Lipman, Robert F. Cushman, ed., 1985)
  • With Robert M. Jenkins, Price Guarantees and Purchase Agreements Under the United States Synthetic Fuels Corporation Act of 1980, 36 THE BUSINESS LAWYER 969 (1981)
  • The Coverage of the Fuel Use Act — How to Avoid Unpleasant Surprises, XIII NATURAL RESOURCES LAWYER 553 (1981)
  • The Powerplant and Industrial Fuel Use Act of 1978, in GUIDE TO FEDERAL ENVIRONMENTAL LAW 257 (Robert V. Zener ed., 1981)
  • With Arthur W. Adelberg, DOE Solicitations Preview Key Synthetic Fuel Issues, LEGAL TIMES, April 21, 1980, at 36
  • DOE’s EPAA Enforcement Lacks Common Sense, LEGAL TIMES, February 18, 1980, at 34
  • The Antacid Warning — Rulemaking at the FTC, 32 FOOD DRUG COSM. L.J. 76 (1977)
  • The FTC's Proposed Rule on OTC Drug Advertising, 31 FOOD DRUG COSM. L.J. 147 (1976)
  • Examination Of The Effects of Advertising And Other Media On Alcohol Abuse: Hearings Before the S. Comm. on Alcoholism And Narcotics Of The Committee On Labor And Public Welfare, 94th Cong. 83-87, 94-96, 127-139 (1976) (testimony of Richard B. Herzog).
  • Energy Labeling And Disclosure: Hearings on S. 349 Before the S. Comm. on Commerce, 94th Cong. 90-100 (1975) (testimony of Richard B. Herzog).