Environmental & Natural Resources

Representing Homestake Mining Company in a CERCLA interim removal action concerning the former Black Jack and Mac uranium mines on Navajo Nation lands in New Mexico.  Representation includes negotiations of an administrative order on consent and interim removal action scope of work with the United States to investigate the nature and extent of actual or threatened releases of mine-related material at these sites.  The work has culminated in the preparation of a Removal Site Evaluation, the precursor to preparation of an Engineering Evaluation/Cost Analysis concerning possible removal action alternatives at the four sites.

Represented Agnico Eagle Mining (AEM) in successful negotiations of a CERCLA Bona Fide Prospective Purchaser (BFPP) administrative settlement agreement and order on consent (AOC) with the United States Environmental Protection Agency (EPA) and the State of South Dakota at the former Gilt Edge gold mine operation in South Dakota, which is currently listed as a Superfund site on the National Priorities List.  The AOC requires AEM to investigate and characterize the subsurface site geology, mineralization, geochemistry and hydrological characteristics beneath existing pits to help understand the location, specific subsurface rock type sources, and pathways of migration of acid rock drainage (ARD) derived metals that may be migrating along underground structural corridors into the Strawberry Creek drainage.  As part of the investigation, AEM will perform confirmation and exploration drilling to determine the quality and quantity of the gold reserve, conduct mining feasibility studies, and metallurgical, engineering and preliminary permitting activities to evaluate the economic feasibility of mine development.  The AOC protects AEM from CERCLA liability for existing historical site contamination, estimated by EPA at $280 million, through covenants not to sue and contribution protection provisions in the AOC.

Parsons Behle & Latimer attorneys successfully represented Rio Tinto Kennecott in a significant clean air lawsuit argued before a federal judge of the United States District Court, in Utah. On June 8, 2016, the ruling sided with Parsons’ arguments in support of Kennecott.

A coalition of environmental groups filed a citizen suit against Kennecott under the Clean Air Act seeking to significantly limit mining activity at Utah’s Bingham Canyon Mine.

The team, led by Michael A. Zody, successfully argued the cross motions for summary judgment in court. Senior litigation attorney Michael L. Larsen and environmental attorneys Michael A. Tomko and Jacob A. Santini, laid out key factual and legal arguments before the court. Federal Judge Robert Shelby determined that the State of Utah had granted Kennecott the necessary permits each time it planned to increase mine production and did not violate any laws. 

Presented legal arguments to State, successfully persuading it not to pursue increased tipping fees for hazardous waste disposals.

Parsons Behle & Latimer was retained by a client to negotiate a remedial investigation / feasibility study settlement agreement with EPA. Successfully negotiated settlement agreement and continue to work with client and EPA in implementing it.

Parsons Behle & Latimer was retained by a client to advise it on environmental issues associated with sale of contaminated property. Successfully assisted client on sale of property.

Parsons Behle & Latimer was retained to defend an environmental enforcement action by EPA alleging claims under RCRA, including Bevill Amendment claims, and TSCA. The action is still ongoing.

Federal District Court litigation involving petition to modify 1944 Orr Ditch Decree governing Truckee River water use.

Water rights and availability due diligence on behalf of commercial agricultural interest in California’s Central Valley.

Water Rights permitting for eastern Nevada groundwater project from administrative hearing through Nevada Supreme Court appeal.