Benjamin Machlis

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.