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Experience
Environment, Energy & Resources
Acquisition of Empire Group Mining Claims
Represented Integra Holdings U.S. Inc. in its acquisition of mining claims, water and mineral rights, and other property located in Owyhee, County Idaho from Empire Mines Company.
Bureau of Land Management (BLM) Matters
Advised on mineral, grazing and permit issues; counsel to mining company and other landowners and operators.
Endangered Species Act (ESA) Habitat Conservation Plans
Counsel to state of Idaho developers.
Resort Development
Advised on federal agency permitting and land use issues; counsel to developer, Idaho.
Stormwater Management Permitting and Compliance
Counsel to Ada County Highway District, Idaho.
Water Rights
Counsel to private landowners, City of Boise, Idaho and Ada County, Idaho.
Environmental Due Diligence
Counsel to developers, buyers and purchasers.
Idaho Department of Environmental Quality (IDEQ) Matters
Counsel to gas station owners/petroleum release site remediation and closure; counsel to energy developer in administrative negotiated rule-making.
Environmental Audits
Counsel to industrial clients.
Energy
Coal Gasification Project
Counsel to developers and investors.
Wind Generation
Counsel to developer.
FERC Re-Licensing for Hydro Projects
Counsel to U.S. Department of the Interior.
Nuclear Fuel Reprocessing
Counsel to developer/investor.
Transmission Lines and Right-of-Ways
Counsel to utility.
Solar Power
Counsel to developer.
Real Estate
Planning, Zoning, and Entitlements
Counsel to landowners and developers.
Conservation Easements
Counsel to State of Idaho.
Residential Community and Subdivision
Advised on due diligence and entitlements, counsel to investors and developers, Idaho.
Litigation
Center for Biological Diversity, et al. v. U.S. Fish & Wildlife Service, et al.
Intervened on behalf of American Forest Resource Council and other forest industry clients in support of the U.S. Fish & Wildlife Service’s decision not to list the Pacific fisher under the Endangered Species Act.
Idaho Conservation League, et al. v. U.S. Forest Service, et al.
Intervened on behalf of Otis Capital USA Corp. in support of a U.S. Forest Service decision to approve exploratory plan of operations.
Areva Federal Services LLC v. Old Castle
Construction litigation.
Friends of the Clearwater v. U.S. Forest Service
Represented Idaho Association of Counties in defending Forest Service’s decision to approve forest management in community at risk for catastrophic wildfire.
Bark v. Northrop
Counseled on Endangered Species Act, National Environmental Policy Act and Federal Land Policy and Management Act claims against Forest Service regarding approval of mountain biking project, counsel to defendant-intervenor.
City of Boise – Dixie Drain Project
Represented clients on application for water right for water quality improvement project, counsel to applicant in appeal of water right application before the Idaho Department of Water Resources.
Great Basin Resource Watch v. U.S. Bureau of Land Management
Counseled on National Environmental Policy Act and Federal Land Policy and Management Act claims against the Bureau of Land Management in environmental group’s challenge to BLM’s decision to allow mine expansion, counsel to defendant-intervenor.
ConAgra Foods Lamb Weston, Inc. v. Idaho Department of Environmental Quality
Clean Air Act Title V Prevention of Significant Deterioration (PSD) Permit to Construct counsel to plaintiff.
Nez Perce Tribe and Idaho Rivers United v. U.S. Forest Service
Wild Scenic Rivers Act, National Forest Management Act and other claims against the Forest Service, counsel to defendant-intervenor.
Big Wood Ranch LLC v. Water Users’ Association
Idaho statutes creating Lateral Ditch Water Users’ Association counsel to plaintiffs.
Hayden Area Regional Sewer Board, et al. v. U.S. Environmental Protection Agency
Clean Water Act National Pollutant Discharge and Elimination System dispute, counsel to defendant-intervenor.
Jayne v. Bartuska / Jayne v. Sherman / Jayne v. Rey
Endangered Species Act, National Environmental Policy Act and other claims against Idaho Roadless Rule; counsel for defendants-intervenors.
Lands Council v. McNair
Endangered Species Act, National Environmental Policy Act and other claims against Forest Service approval of timber harvest project; counsel to amici.
SEACC v. U.S. Army Corps of Engineers / Coeur Alaska Inc. v. SEACC
Clean Water Act Section 404 permit, large mine, Alaska; counsel for defendant mine operator, Coeur Alaska Inc. (permit affirmed in U.S. Supreme Court)
State of Idaho, ex. rel. Dirk Kempthorne v. Norton
Endangered Species Act, counsel for State of Idaho.
Confederated Tribes and Bands of the Yakama Nation v. McDonald
Endangered Species Act Section 7 Consultation, NEPA Environmental Assessment, counsel for Bureau of Reclamation, U.S. Department of the Interior.
In re Snake River Basin Adjudication (State Water Adjudication)
Counsel for City of Boise, Idaho, Ada County, Idaho, developer and private landowners.
State of Idaho v. Maverik, et al.
Counsel for private parties.
ONRC v. Goodman
National Forest Special Use Permit Litigation; counsel for intervenor ski resort operator.
S.L. Start v. State of Idaho
Counsel for vendor in bid protest.
Blue Cross of Idaho v. MCNA Insurance Co.
Counsel to vendor in Public Records Act request litigation.
Advantage Dental v. Department of Purchasing
Counsel to vendor on bid protest.
Government Relations
Administrative Rules Advocacy
Counsel to coal gasification developer in drafting and advocacy of administrative rule changes.
Legislation Advocacy
Counsel to nuclear energy company in drafting and advocacy of tax incentives legislation. Counsel to developers, Ada County Highway District, Idaho and State of Idaho.
