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Experience
Transactions
Due Diligence/Permit Transfers
Conducted due diligence, including permitting, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), water, and title, for various mine sales and transactions related to renewables/hydrogen hub development; evaluated permit transfers and agreements for mine sales and transactions involving renewables.
Purchase and Royalty Agreements
Assisted clients with agreements involving Nevada mining claims, including purchase and royalty agreements, exclusivity agreements, and confidentiality agreements.
Environmental Aspects of Commercial Transactions
Reviewed various commercial contracts for environmental issues and helped clients with due diligence for real estate purchases.
Opinion Letters
Evaluated opinion letters for compliance with Nevada law.
Mineral Title Examination
Assisted with mineral title examinations, opinions, and curative options.
Surface Use Issue
Helped navigate conflicts between surface use and split-estate lands.
Project Development
Certificates of Environmental Compatibility
Assisted clients in obtaining certificates of environmental compatibility (CECs) from the Line Siting Committee/Arizona Corporation Commission.
South32
Represented major base metals mining company South32 regarding environmental and natural resource issues relating to its exploration of a possible zinc-silver-lead mine in southeast Arizona.
EPCM Contracts
Assisted clients in drafting large engineering, procurement, and construction management (EPCM) contracts.
Secondment to Mining Client
Assisted with reviews of various large commercial contracts (drilling, power, water treatment, etc.), in addition to other in-house legal issues (real estate transactions, etc.).
Water Law
Well Guarantee Agreement
Drafted a well guarantee agreement for a client demonstrating that its operations would not impact the water supply of a local community.
Water Lease Agreement
Drafted water lease agreements for mining clients.
Water Rights
Documented historical appropriations for Arizona landowners for water rights claims.
Regulatory/Enforcement Defense
NEPA Issues
Assisted clients in evaluating and challenging various NEPA decisions.
CERCLA Evaluations
Helped clients evaluate CERCLA liability associated with legacy properties.
Release Reporting
Advised companies on required release reporting under CERCLA, Emergency Planning and Community Right-to-Know Act (EPCRA), and state laws.
Permit Noncompliance: Self-Disclosures
Provided guidance related to required disclosures associated with permit noncompliance.
Construction Dewatering
Helped client address legal issues related to construction dewatering.
Memorandum of Understanding
Represented client in drafting a memorandum of understanding (MOU) with the state government and the U.S. Forest Service (USFS) related to water quality monitoring.
Determination of NEPA Adequacy/Cultural Resources
Assisted client in negotiating stipulation involving Nevada’s Protocol Agreement with the Bureau of Land Management (BLM).
Toxic Pits Cleanup Act
Represented mining client navigating potential Toxic Pits Cleanup Act (TPCA) issues.
Nevada Division of Environmental Protection: Finding of Alleged Violation
Represented government contractor accused of violations of Nevada’s environmental laws and evaluated possible penalties related to same.
Former Uranium Mine
Represented mining company in the cleanup and closure of former uranium millsite pursuant to the Uranium Mill Tailings and Radiation Control Act (UMTRCA).
Litigation
Apache Stronghold v. United States; San Carlos Apache Tribe v. United States; Arizona Mining Reform Coalition v. United States.
Defending intervenor Resolution Copper Mining, LLC in three cases in the U.S. District Court for the District of Arizona challenging a statutorily mandated land exchange with the U.S. Forest Service, intended to facilitate copper mine development in rural Arizona. No. 21-CV-0050, No. 21-CV-0068, No. 21-CV-0122.
Sackett v. Environmental Protection Agency
Counsel of record for amici American Exploration and Mining Association et al. in a U.S. Supreme Court case addressing the extent of federal jurisdiction under the Clean Water Act. The question presented to the Court was whether the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act. 2022 WL 1190193 (U.S.).
San Carlos Apache Tribe v. State of Arizona
Representation of Resolution Copper Mining, LLC, developer of one of North America’s largest copper mines, in administrative litigation brought by tribal and conservation group interests to challenge the wastewater discharge permit issued to Resolution by the Arizona Department of Environmental Quality. 254 Ariz. 179, 520 P.3d 670 (Ct. App. 2022).
Gallagher & Kennedy, PA v. City of Phoenix; Roosevelt Irrigation District v. Salt River Project
Defended the City of Phoenix in successive, related CERCLA cases in the U.S. District Court for the District of Arizona and Ninth Circuit brought by the Roosevelt Irrigation District (RID) and its counsel. Plaintiffs have alleged that impacted groundwater pumped by RID irrigation wells must be treated to drinking water standards, a result that might allow them to control a drinking water supply worth more than $1 billion. No. 2:16-CV-4447-DAE, 2022 WL 17903905 (D. Ariz. Sept. 30, 2022) (granting partial summary judgment to defendants).
Defenders of Wildlife v. Arizona Navigable Stream Adjudication Commission
Defended Arizona in a lawsuit related to the navigability of Arizona’s rivers at the time of statehood to determine title. The Arizona Court of Appeals affirmed the determinations of the Arizona Navigable Stream Adjudication Commission (ANSAC) for all segments of the Verde and Salt Rivers and for all but one segment of the Gila River. The court also denied the plaintiffs their requested fees. No. 1 CA-CV 20-0295, 2023 WL 1788049 (Ariz. Ct. App. Feb. 7, 2023).
Crago v. Pitz
Served as court-appointed counsel in a six-day jury trial related to violations of the plaintiff’s civil rights. No. CV-19-04532-PHX-ROS, 2022 WL 16641815 (D. Ariz. Sept. 12, 2022).
B.K. v. Snyder
Represented children in the Arizona foster care system. The children alleged that Arizona’s statewide policies and practices deprived them of required medical services, among other things, and thus subjected them to a substantial risk of harm. 922 F.3d 957 (9th Cir. 2019).
