Ben 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 2019. 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.
- 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.
- 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.
- 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.
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