Cases
Experience: Environmental Enforcement, Permitting,
Compliance: Clean Water Act : 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, 1:00-CV-3142 (N.D. Ga. 2003).
Solid
Hazardous Waste : 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., 07-CV-00905 (D.D.C.)
EPNG v. U.S., No. 10-5080 (D.C. Cir.).
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 metal plating firm in connection with Colorado solid
hazardous waste enforcement, permitting
compliance matters.
Represented energy company in connection with EPA enforcement
CERCLA cost recovery matters relating to former uranium mine located in New Mexico.
Represented energy company in connection with EPA enforcement
CERCLA cost recovery matters relating to former uranium mines located in Arizona.
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 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 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 station.
Represented national wireless telecommunications company in connection with noise complaints
city enforcement action arising from rooftop chillers.
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.
Advised real-estate investment firm on l
use
zoning matters in connection with redevelopment of restaurant
lodge in Aspen.
Public-Private Partnerships (P3): Represented MAT Concessionaire, LLC
its sponsors, Meridiam Infrastructure Fund
Bouygues Travaux Publics, S.A., in the Port of Miami Tunnel project, one of the first greenfield public-private partnerships in the United States.
Government Experience: Assistant Regional Counsel, U.S. Environmental Protection Agency, 1999-2007
Internships: Law Clerk, Attorney General's Environmental Law Practice Group, New Jersey Attorney General's Office, 2008-2009
Judicial Extern, Hon. Dolores K. Sloviter, U.S. Court of Appeals for the Third Circuit, 2008
Judicial Extern, Hon. Barry T. Albin, New Jersey Supreme Court, 2007
