Cases
Experience: Storm Water
CWA Enforcement
Compliance: Represented various midstream pipeline
produced water gathering, treatment
disposal companies in connection with internal investigations
response to enforcement relating to spills of produced water
crude oil.
Represented midstream pipeline company in connection with enforcement relating to spill of over 26,000 barrels of produced water in North Dakota, resolved by administrative order on consent requiring payment of $49,000 civil penalty, performing a SEP involving delivery of emergency response equipment to local responders valued at $173,000,
steps to remediate spill. In the Matter of Crestwood Equity Partners, L.P., U.S. EPA Docket Nos. CWA-08-2017-0011
CWA-08-2018-0002.
Represented natural gas producer in the Marcellus Shale in West Virginia in connection with EPA civil enforcement action pursuant to Section 404 of the CWA resolved by consent decree requiring payment of a $3.15 million civil penalty, restoration activities
implementation of a compliance program. U.S. v. Antero Resources Corporation, No. 1:19-cv-00020 (N.D.W.Va.).
Represented natural gas producer in the Marcellus Shale in West Virginia in connection with EPA civil
criminal enforcement action pursuant to Section 404 of the CWA relating to construction of well pads
farm ponds, resolved by consent decree requiring payment of a $3 million civil penalty, restoration activities
implementation of a compliance program, plea agreement for misdemeanor negligent violations of the CWA requiring payment of a $600,000 criminal penalty,
administrative agreement addressing debarment matters. U.S. v. Trans Energy, Inc., No. 5:14-CV-00117, No. 5:14-CR-00043-001 (N.D.W. Va.).
Represented natural gas producer in the Marcellus Shale in West Virginia in connection with U.S. Army Corps of Engineers Section 404 permitting
compliance matters relating to well pad
pipeline construction.
Represented numerous retail, casino
residential clients in connection with CWA permitting
enforcement arising from construction dewatering
remediation discharges.
Represented a national retail developer on nationwide CWA Storm Water Program compliance
enforcement matters, including defense of a nine state, 24-site national enforcement action by U.S. EPA which was ultimately resolved by consent decree requiring payment of $3.1 million civil penalty
performance of $250,000 supplemental environmental project.
Represented a national home builder, a national aggregate firm
a Colorado highway contractor on CWA
Colorado Storm Water Program compliance
enforcement matters.
Represented petroleum company in connection with CWA wetl
s
other federal, state
local permitting matters for 150-mile pipeline delivering gasoline, diesel
jet fuel from Kenova, West Virginia to Columbus, Ohio.
Represented petroleum company in connection with CWA release reporting
wetl
s matters at oil refinery located in Wyoming.
Oil
Gas Industry Rulemaking
Litigation: Represented produced water gathering
disposal companies in connection with oil
gas ozone rulemaking proceedings in Colorado
New Mexico.
Represented produced water gathering
disposal company in connection with TENORM waste rulemaking proceedings in Colorado.
Represented midstream oil
gas company in connection with litigation relating to sale of
alleged defects in assets in North Dakota.
Represented railroad company in connection with litigation alleging mineral trespass by oil
gas producer in Colorado.
Represented former owner of petroleum refinery in two
one half week arbitration of claims in excess of $100 million arising from alleged corrosion-related failure of buried pipe
subsequent release of petroleum product at refinery. Case settled on a confidential basis prior to final ruling.
Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in appeal of ruling that Lone Pine Orders are not permitted under Colorado law in complex hydraulic fracturing or other oil
gas-related toxic tort cases. Antero Resources Corp. v. Strudley, No. 13-SC-576 (2013).
Represented Colorado Interstate Gas Co. in l
mark litigation resulting in finding that Kansas oil
gas laws
regulations governing safety
environmental matters were preempted by Pipeline Safety Act
Natural Gas Act. Colorado Interstate Gas Co. v. Wright, No. 09-cv-4031 (D. Kan. 2009).
Represented Colorado Interstate Gas Co. in connection with 2008 Colorado Oil
Gas Rulemaking
related Pipeline Safety Act
Natural Gas Act preemption matters
rulemaking proceedings.
Represented El Paso Natural Gas Co. in defense of a first of its kind Pipeline Safety Act enforcement matter stemming from an August 19, 2000 pipeline rupture near Carlsbad, New Mexico in which the company agreed to pay a $15.5 million penalty
to spend at least $86 million to implement modifications to its pipeline system. U.S. v. EPNG, No. 1:07-cv-715 (D.N.M. 2007).
Solid
Hazardous Waste Enforcement, Permitting
Compliance: Represented hazardous waste company in RCRA citizen suit against U.S. EPA alleging non-discretionary duty claims arising from financial assurance
post-closure matters at a North Carolina facility.
Represented hazardous waste company in connection with proposed development of hazardous waste l
fill in the State of Utah.
Represented company operating veterinary clinics in California
nationwide on pharmaceutical waste permitting, compliance
enforcement matters.
Represented owner of former automotive center in defense of federal action under RCRA
CERCLA,
state class action lawsuit alleging diminution of property value, in connection with the Maryl
Square PCE Plume in Las Vegas, Nevada, winning dismissal of both actions. Voggenthaler v. Maryl
Square, LLC, No. 2:08-cv-1618 (D. Nev.),
Voggenthaler v. Al Phillips the Cleaner Inc., No. A553784 (Dist. Ct., Clark County).
Represented energy company in successful effort to obtain government investigation
remediation of sites impacted by uranium waste near former uranium mill
ab
oned uranium mine sites through litigation seeking designation of uranium-impacted sites as 'vicinity properties' under the Uranium Mill Tailings Radiation Control Act ('UMTRCA'),
corrective action under the Resource Conservation
Recovery Act ('RCRA'). EPNG v. U.S., 605 F. Supp. 2d 224 (D.D.C. 2009), aff'd, EPNG v. U.S., 632 F.3d 1272 (D.C. Cir. 2011)
EPNG v. U.S., 847 F. Supp. 2d 111 (D.D.C. 2012), aff'd in part, vacated in part,
rem
ed, EPNG v. U.S., 750 F.3d 863 (D.C. Cir. 2014).
Represented trade groups in connection with l
mark settlement with the Navajo Nation regarding the implementation of newly enacted Navajo Nation Comprehensive Environmental Response, Compensation
Liability Act ('NNCERCLA'), or Navajo Superfund Law, including exclusion of petroleum or natural gas from any tariff implemented under the NNCERCLA,
various commitments regarding the scope of the NNCERCLA program.
Represented metal plating firm in connection with Colorado solid
hazardous waste enforcement, permitting
compliance matters.
Represented biofuels firm in defense of CERCLA Section 106 enforcement proceedings relating to spill of various bio fuels-related materials from facility in Adams County, Colorado. In the matter of Bio Energy of Colorado Site, U.S. EPA Docket No. CERCLA-08-2008-0010.
Represented Brownfield developer in action seeking reimbursement for approximately $500,000 in cleanup costs relating to historic PCB
VOC contamination before the Illinois Pollution Control Board. 2222 Elston LLC v. Purex Industries, Inc., PCB No. 03-55 (Ill. Poll. Contr. Bd.).
Represented national petroleum refiner in connection with litigation relating to RCRA post closure matters at refinery in Casper, Wyoming. Amoco Oil Co. v. EPA, 231 F.3d 694 (10th Cir. 2000).
Represented various petroleum companies in connection with RCRA closure
post closure compliance matters at oil refineries in Wyoming, Missouri, Colorado, North Dakota
Montana.
Construction
Engineering Litigation
Contract Matters: Represented mid-stream energy company in litigation arising from dispute over performance under engineering, procurement
construction ('EPC') contract for a gas plant facility.
Represented energy company in litigation arising from design
sales of allegedly off-spec pipeline valves.
Represented engineering firm in litigation arising from personal injury allegedly caused by negligent supervision
construction activities on transportation project.
Represented mining company in litigation arising from alleged failure of construction contractor to meet design specifications during project construction.
Represented engineering firm in connection with negotiation of contract to design
build l
fill facility.
Represented various retail
energy clients in connection with drafting
negotiating construction
engineering contracts.
Environmental Auditing: Represented national wireless telecommunications firm in connection with national environmental audit examining compliance with EPCRA, CWA, CAA
RCRA pursuant to Audit Agreement with U.S. EPA.
Represented various retail, aggregate
energy firms in connection with national environmental management system program development, self-audit
audit program disclosures,
auditing of Environmental, Social, Governance disclosures.
Mining Industry Matters: Represented various clients in connection with diligence
consideration of lithium
other energy transition mining acquisitions or investments.
Represented bond finance client in connection with mining
environmental diligence for financing of potash mine.
Represented client in connection with diligence to qualify solar project on mine-scarred l
for Brownfield site tax credit under Inflation Reduction Act.
Represented Canadian mining company in connection with environmental diligence
acquisition of U.S. mining company with gold mine assets in Nevada
Washington.
Represented aggregate mining company in connection with permitting
l
use approvals for proposed gravel mine in Silverthorne, Colorado.
Represented various mining companies in connection with mineral streaming agreements, royalty agreements,
other mineral finance matters.
Represented various mining companies in connection with ESG disclosure matters, SEC mining disclosure rule matters,
other securities filing
disclosure matters.
Represented energy company in connection with CERCLA Section 113 contribution action relating to alleged former ownership
operation of silver mine in southwest Colorado.
Represented gold mining company in connection with permitting of gold mine
mill in City of Black Hawk
Central City, Colorado.
Represented gold mining company in defense of CWA Section 404 wetl
s enforcement action brought by U.S. EPA
the U.S. Army Corps of Engineers relating to alleged impacts to wetl
s from road construction
site maintenance activities,
resolved by consent decree requiring payment of a $50,000 civil penalty
performance of certain restoration
mitigation activities. U.S. v. Varca Ventures, Inc., No. 1:16-cv-02008 (D. Colo.).
Represented mining company in connection with National Historic Preservation Act
related federal, tribal
state permitting matters for proposed copper mine located in Arizona.
Represented energy companies in CERCLA cost recovery lawsuit against the United States relating to the San Mateo Uranium Mine Superfund Site in New Mexico, resolved by consent decree requiring United States to reimburse response costs
to perform response actions totaling approximately 33% of total response costs. United Nuclear Corp. v. U.S., No. 1:15-cv-0411 (D.N.M.).
Represented energy company in connection with EPA enforcement
CERCLA cost recovery matters relating to former uranium mines located in Arizona
operated as part of U.S. Atomic Energy Commission's Domestic Uranium Procurement Program. Won first-of-its-kind summary judgment on CERCLA owner liability of United States as owner of Indian trust l
on which uranium mining occurred. EPNG v. U.S., No. 3:14-cv-08165, 2017 WL 3492993 (D. Ariz. Aug. 15, 2017). Following two-week trial, won order from court allocating 35% of total response costs to the United States. EPNG v. U.S., No. CV14-8165, 2019 WL 2137265 (D. Ariz. May 16, 2019).
Represented mining company in connection with federal, state
local permitting, enforcement
compliance matters for the May Day Idaho Mine Complex, a gold mine located in La Plata County, Colorado.
Represented publicly-traded uranium mining company in connection with enforcement, permitting, compliance
remediation matters at in situ recovery uranium mining operations within
near the Navajo Reservation.
Represented various companies in connection with mine permitting, environmental compliance, environmental diligence,
mineral title matters for gold, silver, copper, mercury, uranium, coal, clay
aggregate mines in Colorado, Nevada, California, New Mexico, Montana, Alabama, Mississippi,
Idaho.
Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in appeal of a proposed ban on the use of cyanide for heap leach mining by Summit County, Colorado. Colorado Mining Assoc. v. Board of County Comm'rs of Summit County, No. 07-SC-497 (2007).
Clean Air Act Enforcement, Permitting
Compliance: Represented butane transloading clients in connection with CAA Risk Management Plan compliance
enforcement matters.
Represented produced water disposal
recycling clients in connection with CAA enforcement
compliance matters relating to emissions from impoundments
tanks.
Represented automotive equipment
tool manufacturer in connection with CAA mobile source enforcement alleging manufacture
sale of defeat device.
Represented national disaster response firm in connection with CAA Asbestos NESHAP program enforcement
compliance matters.
Represented data center, telephone
wireless companies in connection with CAA construction, Title V,
other permitting
compliance matters for backup generators.
Represented oxygenate blender in connection with EPA CAA Fuels Program registration
compliance matters, including advice regarding RIN transactions
related renewable fuels compliance matters.
Represented Colorado l
fill operator in defense of Compliance Advisory alleging CAA Title V permitting
NSPS violations.
Represented Colorado Interstate Gas Company in defense of a Clean Air Act enforcement action alleging violations of the federal NESHAPs, NSPS
PSD programs, for which CIG agreed to pay a penalty in the amount of $987,757, to pay permit fees in the amount of $32,243
to perform an ambient air monitoring Supplemental Environmental Project for a period of two years. U.S. v. Colorado Interstate Gas Co., No. 2:09-cv-00649-TS (D. Utah 2009).
Represented Colorado firm in connection with CAA Fuels Program enforcement case relating to the alleged unlawful blending or refining of various fuel products at a facility in Colorado. U.S. v. Aspen Petroleum Prods., Inc., No. 07-cv-02382 (D. Colo. Jan. 17, 2008).
Represented petroleum company in connection with CAA permitting
compliance matters at oil refineries in North Dakota
Montana.
Brownfields Development, Environmental Due Diligence,
Real Estate Acquisition: Represented solar company in connection with environmental
permitting diligence for proposed acquisition of nearly 200 distributed solar assets in Colorado, California
Oregon.
Represented home builder
brownfield developer in connection with obtaining approvals for PCB remediation in connection with the redevelopment of the former Asarco Globeville facility in Colorado.
Represented commercial developer in connection with obtaining approvals for PCB remediation at Brownfield redevelopment in Chicago.
Represented retail developer in connection with national environmental due diligence
real estate acquisition matters.
Represented various casino developers in connection with environmental due diligence
acquisition of casino properties in Black Hawk
Cripple Creek, Colorado,
Las Vegas
Reno, Nevada.
Represented various developers in connection with environmental due diligence an acquisition of commercial
residential properties in Colorado, including properties in the Union Station redevelopment, the River North (RiNo) District, Minturn,
Boulder.
Represent various investors
producers in connection with environmental diligence
acquisition of oil
gas assets in Colorado
West Virginia.
Utility Rate Cases
Regulatory Matters: Represented municipality
ski resort in effort to defeat Public Service Company of Colorado's second attempt at a proposed environmental tariff. Docket No. 10AL-908E & Decision No. C12-0158.
Represented Colorado Interstate Gas Co.
Wyoming Interstate Co. in connection with Public Service Company of Colorado
Black Hills/Colorado Electric Utility Company LP's emission reduction plans prepared pursuant to HB 10-1365, the Clean Air - Clean Jobs Act. Docket Nos. 10M-245E, 10M-254E.
Represented electric cooperative utility in effort to defeat four ballot initiatives proposed in 2010 before the Colorado Title Review Board which would have created air emission, renewable energy
other requirements
limitations.
Represented group of six ski resorts in connection with Public Service Company of Colorado's 2009 electric rate case, including successful effort to defeat first of its kind broad form environmental indemnity
environmental agreement,
costly dem
ratchet. Docket No. 09AL-299E & Decision No. C10-0286.
Represented national wind energy firm in connection with the 2008 Colorado Resource Plan proceedings before the Colorado PUC. Docket No. 07A-447E.
L
Use: Represented national retail developer in Colorado l
use matters.
Represented solid waste firms in obtaining major amendments to certificate of designation for solid waste disposal facility
conditional use permits for transfer station operations.
Represented mining companies in connection with obtaining l
use permitting
approvals in Colorado.
NEPA Counseling
Litigation: Represented transit authority in connection with National Environmental Policy Act ('NEPA') matters for expansion
improvement of transit system.
Represented municipality in petition for review of agency action under NEPA alleging failure of Federal Aviation Administration ('FAA') to consider alternatives in O'Hare Airport Fly Quiet Program.
