Environmental & Natural Resources

Parsons Behle & Latimer attorneys successfully represented Rio Tinto Kennecott in a significant clean air lawsuit that was argued before a federal judge in the United States District Court sitting in Utah. The ruling, which sided with PBL’s arguments in support of Kennecott, came down on June 8, 2016.

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 was led by Michael A. Zody, who successfully argued the cross motions for summary judgement in court.  Along with senior litigation attorney Michael L. Larsen, and environmental attorneys Michael A. Tomko and Jacob A. Santini, they 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.

Co-counsel on a brief amici curiae for Idaho Governor C.L. “Butch” Otter and the Idaho Office of Species Conservation arguing for abandonment or modification of the “Federal Defendant” rule in the Ninth Circuit. The judicial doctrine prohibits non-Federal parties from intervening in the merits phase of NEPA litigation.

Co-Counsel to Idaho Governor Otter in a challenge to the final rule listing Lepidium papilliferum (Slickspot peppergrass) as a threatened species under the Endangered Species Act (ESA) by the Department of the Interior, 74 Fed. Reg. 52,014 (Oct. 8, 2009). The case raised claims under the Federal Administrative Procedure Act and the ESA testing the final determination to list the plant species after significant commitments were made to proactive habitat protection under a broad Candidate Conservation Agreement.

Counsel of record for Western Urban Water Coalition, Denver Water Board, Metropolitan Water District of Southern California, and City of Tucson Water Department. Authored brief amici curiae arguing for reversal of District Court decision requiring Endangered Species Act consultation by the United States Bureau of Land Management under Section 7(a)(2) where BLM took no appreciable Federal "action" under the ESA related to vested rights-of-way under the Mining Law.

Counsel of record for Defendant-Intervenors Idaho Governor Dirk Kempthorne, the Governor’s Office of Species Conservation and Administrator James L. Caswell in an action challenging the January 2004 decision by the Department of Interior to withdraw the proposed rule to list Lepidium papilliferum (Slickspot peppergrass) as an endangered plant under the Federal Endangered Species Act.

Counsel of record for Defendant-Intervenors Idaho Governor Dirk Kempthorne and the Governor’s Office of Species Conservation in an action challenging the April 2003 decision by the Department of Interior to downlist to threatened from endangered status a portion of the distinct population segment of Canadian gray wolves under the Federal Endangered Species Act.

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.