Publications
Regulating Water Security in Unconventional Oil and Gas, Co-author, Chapter 5 “Frac Water Acquisition in the Major U.S. Unconventional Oil and Gas Plays,” Springer, 1st ed. 2020
“Clean Water Act Groundwater Pollution Liability in Limbo,” Ryley Carlock & Applewhite, October 2018
“Clean Power Plan’s Needs May Increase Wetland Banking,” Natural Gas & Electricity Journal, November 2015
“Should Colorado Methane Regulations Serve as Model for Federal Rules,” Natural Gas & Electricity Journal, September 2015
“Wide Reach Migratory Bird Treaty Act for Energy Projects,” Natural Gas & Electricity Journal, June 2015
“Source Aggregation: When Are Multiple Facilities Considered One by EPA?,” Natural Gas & Electricity Journal, April 2015
“Source Aggregation: Recent Court Decision Addresses Whether Certain Facilities are ‘Adjacent’,” Natural Gas & Electricity Journal, March 2015
“EPA Proposes Eliminating State Regulations as to Startup, Shutdown, and Malfunction Emissions,” Natural Gas & Electricity Journal, February 2015
“EPA Issues Changes to Due Diligence Requirements for AAI Under CERCLA,” Ryley Carlock & Applewhite Client Alert, October 2014
“Evaluating Environmental Risks in Real Estate Transactions,” Ryley Carlock & Applewhite Article, May 2014
“Money for the Cause: A Complete Guide to Event Fundraising,” Texas A&M University Press, January 2012
Work Highlights
Obtained and modified air emission permits, including construction or Title V permits, with NSPS, NESHAP/MACT, and RACT applicability, for mining operations, manufacturers, electric generating units
Obtained air emission permits for new manufacturing facilities and successfully defended the status of those facilities as separate sources, the air emissions from which would not be appropriate for aggregation
Represented a municipal utility in a state rulemaking hearing to set groundwater quality standards for per- and polyfluoroalkyl substances (PFAS)
Negotiated consent decrees and compliance orders to resolve alleged air emission limit exceedances, alleged non-compliant discharges into waterways and alleged non-compliant disposal of solid and hazardous waste
Defended administrative enforcement actions pertaining to the Clean Water Act, Clean Air Act, and solid waste or hazardous materials issues
Developed company policies to manage environmental issues, such as asbestos-containing materials, to reduce or eliminate compliance risks
Represented an electric utility in a Tenth Circuit Court of Appeals case to defend an EPA-approved State Implementation Plan concerning the Clean Air Act’s Regional Haze program
Represented a subsidiary of a Fortune 500 company in a CERCLA contribution case before the U.S. District Court of Colorado
Represented an entity remediating a municipal solid waste landfill where asbestos-containing materials and large amounts of asbestos-contaminated soil had been disturbed
Evaluated potential business risks and future liabilities associated with acquisition of a water right to water flowing from a contaminated mine and into jurisdictional waters
Assessed potential CERCLA liability of lenders in real estate transactions, including acquisitions and foreclosures
Facilitated real estate and building acquisitions by evaluating environmental site assessments and identifying potential liability under CERCLA and state clean-up program
Developed environmental disclosures, waivers and releases for a client acquiring and selling properties at a former airport site
Participated in EPA rulemaking concerning affirmative defenses to air emission exceedances during startup, shutdown or malfunction activities
Participated in numerous Colorado Air Quality Control Commission rulemakings concerning air quality rule and policy developments
Obtained a BLM determination respecting a Wild and Scenic River eligibility designation proposal
Participated in state and EPA rulemakings relating to Regional Haze / Visibility State Implementation Plans and Federal Implementation Plans.