Benjamin Machlis
PEOPLE

Benjamin Machlis

Partner
machlis.ben@dorsey.com

Overview

Ben helps clients navigate the complexity of state and federal environmental requirements to achieve their business objectives. He represents clients throughout the life cycle of their projects, from acquisition and permitting to operational compliance, enforcement defense, remediation, closure, and divestiture.

He has extensive experience in matters involving state and federal regulations regarding solid and hazardous waste (RCRA), hazardous materials transportation (HMR), toxic chemicals (TSCA), water quality (CWA), community right-to-know laws (EPCRA) and remediation of contaminated property (CERCLA).

Ben has been recognized by Mountain States Super Lawyers® as a “Rising Star” in Environmental practice in 2014 through 2016 and by Utah Business Magazine as a Utah Legal Elite, Up and Coming lawyer in 2017. He has served as Young Professionals Committee Chairman (2016-2017) of the Rocky Mountain Mineral Law Foundation, as a member of the Board of Directors of Utah Open Lands and as an adjunct faculty member at the S.J. Quinney College of Law.

Education & Admissions

University of Utah, S. J. Quinney College of Law (J.D., 2009), High honors

University of Utah (B.A., 2006)

Admissions

  • Utah
  • Montana
  • U.S. Court of Appeals for the Tenth Circuit

Experience

Environmental Permitting

  • Defended oil and gas company's Master Development Plan against federal lawsuit brought by third party under the National Environmental Policy Act (NEPA).
  • Advised multiple mining companies in state and federal permitting of oil, gas, mining, and alternative energy projects.
  • Successfully obtained decision from the Utah Supreme Court on alternative fuels company's authorizations from the Division of Water Quality.
  • Advised wind and solar energy companies regarding compliance with state and federal environmental regulations for development of new projects.
  • Advised hazardous waste disposal company regarding state permitting requirements.
  • Advised mining company in obtaining permits from the Army Corps of Engineers to construct in wetlands.

Environmental Compliance and Enforcement

  • Defended a manufacturing company in EPA and State of Utah inspection and enforcement action regarding hazardous waste generator requirements.
  • Advised mining company regarding compliance with and disclosure of previous violations of Toxic Release Inventory reporting requirements.
  • Defended a construction company in EPA enforcement action regarding release of diesel fuel.
  • Advised electric utility regarding compliance with coal combustion residual regulation under RCRA.
  • Advised petroleum refinery regarding hazardous waste regulatory issues associated with workplace safety enforcement action.
  • Counseled mining company regarding compliance with revised hazardous waste import and export regulations.
  • Represented pipeline owner in state and federal enforcement actions related to pipeline breach.
  • Advised oil and gas clients regarding transportation of crude oil by truck and rail.
  • Provided strategic advice to minority interest owner in a housing development when the majority interest owner and developer sought authorizations to change the nature and scope of the development.
  • Counseled mining client on protecting information requested by a third party under FOIA.
  • Defended organic dairy against USDA enforcement action.
  • Represented mining client in successful settlement with EPA of Toxic Release Inventory enforcement action.

Environmental Rulemaking

  • Drafted comments on proposed revisions to EPA's Definition of Solid Waste rulemaking on behalf of an association of mining companies.
  • Drafted comments for several clients on EPA's Definition of Waters of the United States rulemaking.
  • Drafted motions, briefs and other filings in challenging, and successfully obtaining a stay of EPA's waters of the United States rulemaking.
  • Worked with coalition of industrial companies to revise state administrative adjudication regulations.

Contaminated Property Remediation

  • Represented unpatented mining claim owner regarding contaminated soils remediation being conducted by the Bureau of Land Management under CERCLA.
  • Represented mining client in remediation of uranium mining and processing facilities.
  • Represented mining client in EPA remediation of historic mining property.
  • Represented manufacturing client regarding historic contamination of property.

Transactions

  • Advised multiple mining clients on environmental aspects of transactions to acquire mining properties and assets.
  • Advised manufacturing company on environmental aspects of transaction to sell company.
  • Advised sellers regarding environmental issues in sale of medical device manufacturing company.
  • Advised multiple alternative energy companies on environmental aspects of purchase, sale, and financing transactions.

News & Resources

Articles

SCOTUS Rules Clean Water Rule Challenges Belong in District Court
A Win For The Mining Industry: EPA Declines To Impose CERCLA 108(b) Financial Responsibility Requirements
"Title Due Diligence in Conservation Easement Transactions," S.J. Quinney College of Law, Gaining Ground Seminar
"Hazardous Waste Compliance for Nutritional Supplement Industry," Association of Corporate Counsel Mountain West Chapter – Nutrition Law Seminar
"The New Toxic Substances Control Act – Dealing With The Present And Looking To The Future," Industrial Minerals Association – North America Webinar
"Holistic Regulatory Compliance: Integrating Workplace Safety and Environmental Compliance," Petroleum Association of Wyoming Annual Conference, Casper, WY

News & Press Mentions

Dorsey Adds Experienced Regulatory Attorney Ben Machlis in Salt Lake City

Professional & Civic

Professional Achievements

  • Rocky Mountain Mineral Law Foundation, Young Professionals Committee Chairman, 2016-2017
  • Utah Open Lands, Board of Directors
  • University of Utah S.J. Quinney College of Law, Adjunct Faculty

Accolades

  • Utah Business Magazine, Utah Legal Elite, Up and Coming, 2017
  • Mountain States Super Lawyers® Rising Stars, Environmental, 2014-2017   
Benjamin Machlis