• Mining, Oil and Gas and Industrial Permitting
  • Judicial Review of Administrative Decisions
  • Environmental Enforcement Proceedings
  • Mineral Development Agreements
  • Federal Indian Law Proceedings
  • Permitting Feasibility Studies
  • Public Land Use Proceedings
  • Due Diligence Reviews

Specific Matters — Legal
1996 to Present

National Copper Producer
Concentrator and Smelter

  • Negotiation of consent decree settling alleged NESHAP violations and allowing $140 million retrofit of smelter to comply with SO2 NAAQS.
  • Successful appeal of denial of FOIA request for documents underlying FOV.
  • Representation in “once in, always in” policy reversal rulemaking and litigation.
  • Successful defense against inclusion of smelter in regional haze second planning period proceedings.
  • Reversal of EPA proposal to designate area as being in nonattainment of lead NAAQS, by challenging QA/QC of sample collections and analyses based on documents obtained under FOIA.
  • Representation in residual risk and technology review of Subpart QQQ NESHAPs.
  • Representation in lead NAAQS review and design value proceedings.
  • Appeal of regional haze first planning period FIP in the Ninth Circuit.
  • Appeal of SO2 NAAQS final rulemaking in the D.C. Circuit.
  • Negotiation of NAAQS nonattainment SIPs.
  • Clean Air Act Title V permitting.
  • Implementation of CERCLA AOC including appeal on federally permitted releases, objections to cost recovery invoices, and development of RI reports and FS submittals.
  • Responses to CERCLA Section 104(e) and CAA Section 114 requests.
  • Advice on compliance with RCRA and EPCRA, including generator and TRI reporting.

National Copper Producer
Open Pit Mine, Concentrator and SX/EW

  • Successful defense in the D.C. Circuit of EPA’s decision not to adopt CERCLA financial responsibility rules for the hardrock mining industry.
  • Successful defense against enforcement of alleged violations of PDES permit.
  • Representation in PDES permit amendment based on 2020 WOTUS rule.
  • Representation in regional haze second planning period proceedings including development of four-factor analyses.
  • Advice on FLPMA land exchange and NEPA proceedings.
  • Clean Air Act Title V permitting.

National Copper Producer
Indian Country Operations – Open Pit Mine and Concentrator

  • Negotiation of new lease agreement and MPO with Landowners and representation in corresponding proceedings before Interior Department.
  • Representation in Section 404, NEPA, NHPA and ESA proceedings.
  • Successful litigation against ONRR penalty order.
  • Representation in ONRR audit and restructured accounting.
  • Special counsel in bankruptcy litigation, settlement of environmental and natural resources obligations for historic operations, and development of corresponding portions of reorganization plan.
  • Negotiation of reclamation plan for historic operations.
  • Litigation of Landowners’ claims on reclamation bonds.
  • Litigation of bonding company’s collateral demands against client.
  • Representation in regional haze second planning period proceedings including development of four-factor analyses.
  • Advice in water rights litigation and aquifer protection permitting.

International Copper Producer
In-Situ Solution Mining

  • Representation in UIC Class III injection wells permit proceedings for pilot- and commercial-scale solution mining of copper.
  • Successful defense of UIC permit and aquifer exemption before EPA Environmental Appeals Board and in the Ninth Circuit.
  • Representation in BIA and local proceedings regarding water-supply well replacements.
  • Representation in state’s effort to assume primacy over UIC program.

Regional Gold Producer
Underground Mine and Historic Mill

  • Successful appeal to IBLA regarding BLM’s denial of NOI for exploration tunnel and corresponding FOIA request and appeal.
  • Defense against county’s assertion of regulatory jurisdiction over mine’s environmental impacts.
  • Administrative appeal, negotiation and settlement of state’s NOV and cease and desist order regarding mine water treatment system discharges.
  • FOIA request for documentation of third party’s involvement in BLM decision-making.
  • Negotiation of CERCLA response action settlement concerning historic mill waste.
  • Advice on FLPMA and R.S. 2477 rights of way across federal land to access mine.

Native American Cement Manufacturer
Cement Plant, Limestone Quarry, Gypsum Mine, Aggregates Mines and Fly Ash Transfer Facilities

  • Clean Air Act Title V permitting of aggregates operations on Indian reservation, fly ash facilities and cement plant.
  • Successful reversal of adverse provisions of regional haze first planning period FIP in the Ninth Circuit.
  • Representation in regional haze second planning period proceedings including development of four-factor analyses.
  • Development of draft Indian Mineral Development Act and Long-Term Leasing Act agreements for asphalt and concrete manufacturing plants on Indian reservation.
  • Negotiation of intergovernmental agreement for channelization of river as part of aquatic habitat restoration project and representation in related Section 404 and flood plain use permitting and negotiation with the BLM.
  • Representation in gypsum mine POO proceeding before the USFS involving unpatented mining claims and split estates.
  • Representation in acquisitions of unpatented mining claims.
  • Negotiation and implementation of CAFOs settling alleged TRI reporting violations.

Regional Zinc Producer
Underground Mine

  • Representation in rezoning proceeding to allow metallic mineral mining.
  • Representation in mining and related environmental permit proceedings under state’s new, previously untested regulations governing metallic mineral mines.
  • Representation in new policy-making proceedings before state agencies.

Regional Uranium Producer
Acquisitions

  • Representation in acquisitions of unpatented mining and millsite claims.
  • Environmental and natural resources permitting feasibility studies.
  • Advice on local land use rules potentially affecting development of claims.
  • Licensing of the client as a transporter of “source material.”

National Copper Producer
Open Pit Mine and SX/EW

  • Representation in mining claims contests and split estates disputes.
  • Advice on water rights appurtenant to fee land.
  • Advice on R.S. 2477 rights of way in relation to checkerboard estates.

Native American Landfill Operator
Two Landfills on Indian Reservation

  • Representation in NAAQS attainment status designations affecting landfill operations.
  • Representation in source-specific FIP proceedings for landfill.
  • Advice concerning Part 71 program regulation of landfills.

International Zinc, Lead and Manganese Miner
Planned Underground Mine

  • Advice on split estate interests and acquired lands within the NFS.
  • Advice on Part 228, ESA Part 7, NEPA and NHPA proceedings for portions of exploration drilling, mining and milling that would occur on and beneath NFS land.
  • Advice on ESA parts 9 and 10 concerning activities on patented claims.
  • Representation in air quality permitting of emissions from surface and underground operations.
  • Representation in UIC Class V permitting of cement paste backfill wells.
  • Advice on Section 404 rules governing constructed wetlands.
  • Development of comments on CEQ’s revision of NEPA rules.

Petroleum Refiner and Transporter of Refined petroleum products
Planned Petroleum Products Pipeline

  • Defense against NEPA challenge to refined petroleum products pipeline right of way across federal, state and fee lands resulting in narrowly tailored remand.
  • Advice on Section 404 permitting.

National Oil and Gas Producer
Helium and Carbon Dioxide Gas Fields

  • Negotiation of pooling, unitization and operating agreements.
  • Advice on acquisition of oil and gas leases.
  • Environmental permitting of extraction wells and processing facilities.

Regional Zinc Producer
Expansion of Historic Mine

  • Representation in mine plan amendment proceeding.
  • Negotiation of exploration with option to mine lease agreements.

Regional Electricity Provider
Acquisition

  • Assessment of environmental permits for possible acquisition of majority interest in an electrical generating station.
  • Post-acquisition advice on Clean Air Act Title V permit application.

Unincorporated Community
Forest Service Land Exchange

  • Successful FLPMA and NEPA litigation and related FOIA requests.
  • Advice on zoning litigation and Section 404 permit proceeding.

National Aggregates Miner
Three Mining and Crushing Facilities

  • Settlement of Part 70 program NOVs concerning dust emissions.
  • Advice on regulatory conforming amendments of PDES SWPPPs.
  • Negotiation of CAFOs settling alleged TRI reporting violations.

International Copper Producer
Historic Underground Mine, Concentrator and Smelter and Future Underground Mine

  • Aquifer protection permitting of closure of historic mining and milling facilities.
  • PDES and UIC permitting for treated mine water.
  • Advice on delineation of jurisdictional waters.
  • Advice on triennial reviews, TMDL proceedings and anti-degradation rules.
  • Responses to NOVs of aquifer protection permit and PDES permit.
  • Development of RAP for historic smelter-affected soils.
  • Air quality permitting of new facilities construction.
  • Development of mined land reclamation plan.
  • EPCRA compliance including TRI reporting.

Legacy Sites Manager of International Copper Producer
Historic Glass Manufacturing Facilities

  • Advice and representation in remedial action proceedings.
  • Negotiation of contractual apportionment among potentially responsible parties.
  • Representation in PRP and contribution disputes.

International Copper Producer
Planned Open Pit Copper Mine and Concentrator

  • Advice on Section 404 permit, Section 401 certification and corresponding NEPA proceedings.
  • Advice on EPA’s Section 320.4(d) letter to Corps regarding “other water quality aspects.”
  • Advice on third-party administrative and judicial challenges to air quality and aquifer protection permits.

International Copper Producer
Acquisitions

  • Environmental and natural resources due diligence concerning possible acquisition of partially entitled planned open pit copper mine, including assessments of ongoing Section 404 permit, NEPA and ESA proceedings for Tier 3 waters.
  • Environmental and natural resources due diligence concerning possible acquisition of operational open pit copper mine and related facilities.

International Copper Producer
Acquisition

  • Environmental and natural resources due diligence for acquisition of operational open pit copper mine and related facilities.
  • Post-acquisition advice on environmental permit modifications for mine.

National Ball Bearing Manufacturer
Historic Groundwater Contamination – Voluntary Remediation

  • Development of compliance strategy to address 1,1-DCE in groundwater.
  • Negotiation of remedial objectives with state and water utility.
  • Development of RI/FS work plans and reports and corresponding RAP.
  • Negotiation of state’s record of decision on the RAP.
  • Development of comments on PDES permit amendments for the water utility’s discharge of affected groundwater into irrigation canals.
  • Representation in proceedings concerning a city’s planned groundwater recharge wells in the vicinity of the DCE-affected groundwater.

National Manufacturer of Industrial Blowers and Pumps
Two Manufacturing Facilities

  • Drafting of employment, supply chain, brokerage and distributorship agreements.
  • Drafting of agreements for the sale of goods.
  • Negotiation of commercial leases.
  • Participation in litigation of franchise and trademark dispute.
  • Compliance with state environmental rules governing the sale of industrial properties.

National Home Builder
Brownfield Acquisition of Historic Cement Manufacturing Facility

  • Environmental due diligence of property for residential redevelopment.
  • Negotiation of environmental provisions of purchase agreement.
  • Advice on steps needed to protect against CERCLA liability from acquisition.

National Highway Construction Contractor
Concrete Structures Prefabrication Facility

  • Advice on Part 70 and aquifer protection permitting.
  • Settlement of NOV regarding the disposition of spent slag abrasives.

Regional Domestic Wastewater Treatment Provider
Three Sewage Treatment Facilities

  • Negotiation of CWA Section 208 water quality management plans.
  • PDES and aquifer protection permitting.
  • Settlement of NOVs of PDES requirements.
  • County air quality control and flood plain use permitting.
  • Advice on backflow prevention rules.

Local Scrap Metal Recycler
Waste Tires

  • Judicial review litigation reversing administrative decision that airplane waste tires were subject to special waste rules.
  • Successful litigation for award of attorneys’ fees against the state.

National Tire Retailer
Leaking Underground Storage Tanks

  • Negotiation of access agreements with neighboring property owners to allow environmental investigation of potential off-site plume migration.
  • Litigation measures to compel access.

Boat Club
Manufactured Gas Plant Site

  • Pro bono negotiation of amendment of boat club’s lease with village to accommodate state’s remediation of contamination from historic MGP site underlying the lease.
  • Advice on options regarding the state’s remediation authority and development of administrative record in anticipation of judicial review action against state.
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