Environmental Law

• Successfully defended a manufacturing facility in South Dakota, against EPA allegations of non-compliance, negotiating a settlement that resulted in a civil penalty of less than 10 percent of the anticipated liability.
• Successfully defended a New Mexican manufacturer against EPA allegations that the facility failed to report certain air emissions as required by the Emergency Planning and Community Right to Know Act (EPCRA).
• Regularly defends manufacturing and transfer facilities in Colorado, New Mexico, Montana, South Dakota, and Texas against allegations of non-compliance for air quality emissions violations.
• Successfully defended a coal mining operation in Colorado, against allegations that the facility failed to obtain all required permits.
• Currently setting strategy and managing government relations professionals in planning for climate change regulations in multiple jurisdictions.
• Negotiated the return of more than $5 million of cash-funded reclamation obligation for a limestone mine in Colorado.
• Successfully defended against a local environmental group in New Mexico seeking to appeal an air quality permit.
• Successfully defended one of the largest landfill operators in the country, a publicly traded company, against allegations of non-compliance with air regulations and permits at the company’s Colorado facilities. The resulting civil penalties were well below SEC reporting obligations.
• Represented one of the largest ski area operators in the world on the environmental aspects of its $40.5 million acquisition of a resort ground transportation business.
• Represented the nation’s largest hydropower producer in the basin wide adjudication of its water rights, and in recovering costs from the Bureau of Reclamation in the Court of Federal Claims for contract over-charges.