Cases
Experience: Environmental Enforcement, Permitting
Compliance: Clean Water Act
Represented short line railroad in CWA civil enforcement action brought by the United States
State of Alabama following oil train derailment
resolved the matter by negotiating a civil penalty reflected in a joint stipulation of settlement entered in federal court. United States
State of Alabama v. Alabama & Gulf Coast Railway, No. 7:20-cv-01315-LSC (N.D. Ala. 2020).
Represented Union Pacific Railroad in criminal enforcement matter alleging a negligent violation of the CWA arising from the release of sulfuric acid to creek following a tank car collision. Obtained dismissal on motion to dismiss on grounds that CWA claim was preempted by other federal statutes occupying field of railroad operations
safety. United States v. Union Pacific Railroad, No. 15-20024-01 CM (D. Kan. 2016).
Represented Union Pacific Railroad in CWA civil enforcement action brought by the United States
State of Oregon following accidental release of diesel to a tributary in Salem, Oregon. Matter resolved through mediation resulting in payment of civil penalty under Stipulation of Settlement
Judgment entered in federal court.
Represented natural gas producer in connection with EPA enforcement action pursuant to Section 404 of the CWA relating to construction of well pads
in-stream farm ponds.
Represented national retail developer on nationwide CWA Storm Water Program compliance
enforcement matters brought by the U.S. EPA.
Represented national home builder
a Colorado highway contractor on CWA
Colorado Storm Water Program compliance
enforcement matters.
Represented U.S. EPA in an enforcement action against a national pipeline company arising from spills from the company's pipelines to waters in several states, resulting in the largest civil penalty a company had ever paid. United States of America v. Colonial Pipeline Company, No. 1:00-CV-3142 (N.D. Ga. 2003).
Solid
Hazardous Waste
Represented El Paso Natural Gas Co. as plaintiff in trial asserting CERCLA cost recovery against the United States of America in connection with cleanup of legacy uranium mines on Navajo Nation. Obtained judgment on liability
for costs against the United States following a bench trial in District of Arizona. Subsequently obtained judgment on Motion to Enforce Declaratory Judgment after United States refused to reimburse certain El Paso response costs. El Paso Natural Gas Company v. United States. CV14-8165-OCT-DGC (2019).
Represented El Paso Natural Gas Co. in litigation pursuant to Uranium Mill Tailings Radiation Control Act (UMTRCA)
RCRA relating to alleged uranium mill tailings contamination on Navajo
Hopi Reservations. EPNG v. U.S., No. 07-CV-00905 (D.D.C.)
EPNG v. U.S., No. 10-5080 (D.C. Cir.).
Represented City of Pasadena, Texas as defendant in CERCLA cost recovery
contribution claims brought by PRP Group in connection with third party sham recycling Superfund Site. Litigated case in federal court for seven years including briefing motions to dismiss
for summary judgment, preparing
serving discovery,
preparing for trial before negotiating settlement through court-ordered mediation. USOR Site PRP Group v. A&M Contractors, Inc., et al. 4:14-cv-002441-A.
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 U.S. EPA in l
mark three-party effort to address extensive environmental contamination in the Copper Basin Mining District of Tennessee. Negotiated a Memor
um of Underst
ing among OXY USA, the Tennessee Department of Environment
Conservation (TDEC),
the U.S. EPA,
several administrative settlement orders under which the parties conducted investigation
cleanup work in the 35 square mile impacted area.
Represented U.S. EPA in numerous CERCLA enforcement matters resulting in administrative
judicial cost recovery settlements with PRPs.
Clean Air Act
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 U.S. EPA in multi-state settlement addressing alleged PSD/NSR violations at company oilseed processing facilities resulting in $1.6 million penalty
an estimated $130 million in injunctive relief, primarily in the form of pollution controls. United States of America v. Cargill Incorporated, No. 05-2037 (D. Minn. 2005).
Represented national disaster response firm in connection with CAA Asbestos NESHAP program enforcement
compliance matters.
Represented oxygenate blender in connection with EPA CAA Fuels Program registration
compliance matters, including advice regarding RIN transactions
related renewable fuels compliance matters.
Represented U.S. EPA in numerous CAA Title V petition matters
in defensive litigation arising from NAAQS designations.
Rulemaking, Utility Rate Cases
Regulatory Matters: Represented former owner of petroleum refinery in arbitration hearing on 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 a 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 connection with 2008 Colorado Oil
Gas Rulemaking
related Pipeline Safety Act
Natural Gas Act preemption matters
rulemaking proceedings.
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 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.
Environmental Due Diligence: Represented
counseled regional propane
heating oil company client on environmental risk
due diligence in connection with several M&A transactions.
Represented
counseled mining companies
investment groups on environmental risk
due diligence in connection with several mine acquisitions.
Represented
counseled clients on environmental risk
due diligence in connection with numerous real property acquisitions.
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 the U.S. EPA.
L
Use: Represented national retail developer on numerous projects throughout the Denver metro region obtaining permits
approvals needed for retail developments.
Represented national oil
gas company in connection with obtaining approvals to develop new gas stations in Denver area.
Represented national wireless telecommunications company in connection with noise complaints
city enforcement action arising from rooftop chillers.
Advised homebuilder on local regulations
requirements for installation of solar panels.
Advised redevelopment company on l
use
zoning matters in connection with redevelopment of St. Anthony's Hospital.
Advised private equity firm on l
use
zoning matters in connection with transit-oriented redevelopment project at RTD's Alameda Station.
