Practice

Joe's practice focuses on issues arising under state and federal environmental laws, including matters related to development, transfer, permitting, compliance and litigation.  Joe has a particularly strong focus on complex environmental matters associated with contaminated property and its cleanup.  He routinely assists clients with the environmental aspects of development projects, mergers, acquisitions and the transfer of impaired assets.  He has extensive experience with enforcement and litigation matters arising under the federal Superfund law (“CERCLA”), including contribution and cost recovery actions.  In addition to Superfund matters, Joe is experienced with the Clean Water Act, the Resource Conservation and Recovery Act, the Clean Air Act and similar state environmental laws.

Recent Representative Matters

  • Provides ongoing advice to a Colorado water district on the acquisition and redevelopment of land adjacent to a former Superfund site for use as a reservoir, including the negotiation of liability protections from the United Sates Environmental Protection Agency and the Colorado Department of Public Health and the Environment.

  • Advised a Colorado agricultural products corporation on potential environmental liabilities associated with the acquisition of another agricultural products company in Washington state.

  • Advises numerous clients on issues associated with the transfer and redevelopment of contaminated properties addressed under CERCLA, Colorado’s Voluntary Cleanup Program and Colorado’s Corrective Action Program, including environmental and other due diligence.

  • Negotiated an administrative order on consent permitting a national non-profit conservation organization to remove historic mining-related contamination from a tributary to the Uncompahgre River in Ouray County, Colorado.

  • Serves as common counsel to a multinational PRP group regarding ongoing chlorinated solvent cleanup obligations and PFOA/PFAS investigations related to historic semi-conductor manufacturing.

  • Negotiated an administrative order on consent with the United States Environmental Protection Agency allowing Colorado-based client to conduct watershed restoration and cleanup of historic mining contamination in Boulder County, Colorado.

  • Provides ongoing advice to a national non-profit conservation organization with respect to watershed restoration efforts and historic mine site cleanups at locations in Colorado, Montana and Wyoming.

  • Advises a U.S. mining company in on-going negotiations to perform remedial investigations and feasibility studies at a Superfund site in New Mexico.

  • Provided counsel to a private development company on the potential acquisition and redevelopment of contaminated property in Thornton, Colorado, requiring a $12 million corrective action.

  • Negotiated a CERCLA administrative order on consent with the United States Environmental Protection Agency permitting client to purchase and conduct cleanup of historic mine site in Ouray County, Colorado.

  • Advised a major U.S. mining company on the resolution of federal and state CERCLA claims allegedly totaling $200 million and related to a historic mine site in South Dakota.

  • Served as common counsel to a group of natural resource companies in negotiations with federal and state authorities implementing a $23 million CERCLA cleanup at a former mining site in Nevada.

  • Advised several Colorado municipalities regarding environmental claims and liabilities arising under state and federal laws in connection with the acquisition and redevelopment of property.

  • Counseled the purchaser of a former Superfund Site in Pitkin County, Colorado regarding the liabilities and risks associated with the property's acquisition and redevelopment.