Environment (including water rights): Arizona

THE FIRM This Arizona team is experienced in handling all environmental matters, with particular expertise in natural resources, water rights and endangered species. It is also noted for its focus on client needs, and for its ability to draw on the resources of other practice areas and out-of-state offices where necessary. Recent highlights include representing the National Association of Home Builders in a high-profile dispute with the federal EPA over the navigability of the Santa Cruz River, and acting for Rosemont Copper on its plans to develop a mine in southern Arizona. The team also advised five major industrial corporations in connection with a prominent lawsuit alleging substantial groundwater contamination of Maricopa County's Roosevelt Irrigation District.

Sources say: "A very bright group of lawyers with deep legal knowledge and a commercial approach that allows clients to make choices." "One of the best water practices in the state.

KEY INDIVIDUALS Water rights specialist Lauren James Caster has been active of late on a number of general adjudications of water rights in the Gila and Little Colorado Rivers. He also represents clients in litigation concerning federal government claims to reserved water rights at Fort Huachuca and in the San Pedro Riparian National Conservation Area. 

Phillip Fargotstein is an expert in environmental and toxic tort litigation, and regularly advises clients on air quality, clean water and climate change issues, One satisfied customer noted that he was "great in making sure we were totally compliant well before the deadlines." Fargotstein was recently involved in a case where an EPA demand for more than $1 million in civil penalties was reduced to $150,000.

Norman James is renowned for his work for clients involved in litigation concerning protected species, and also acted as lead attorney in the Santa Cruz River and Rosemont Copper matters. In his specialist field, he recently supported the Arizona Cattle Growers' Association in mounting challenges to regulations laid down by the US Fish & Wildlife Service and US Forest Service.  

Robert Anderson chairs the natural resources and environment practice, and earns praise from peers and clients alike for his "really broad knowledge of environment law." Clients specifically cite his "tremendous in-depth knowledge of water laws and policies," saying it "helps us to see both sides and form strategies." He is also noted as "a very effective communicator," and for his many contacts in the regulatory agencies. 

Water rights specialist Maggie Gallogly is singled out by clients for her exhaustive knowledge of policy, her fine eye for technical detail, her practicality and her excellent relationship with the Arizona Department of Water Resources. These qualities mean she is well placed to handle the regular drafting and negotiation of water service and other natural resource agreements, and the obtaining of certificates of assured water supply.

THE FIRM This firm's environmental and natural resources department is one of the largest in the Southwest and handles sophisticated issues of national scope and significance. The team manages numerous matters for Freeport-McMoRan Copper & Gold, and has also assisted Denison Mines with securing permission to establish three uranium mines in Arizona. Other highlights include representing Rentech Energy Midwest in an EPA enforcement initiative regarding alleged violations of the CAA, in which the fine was significantly reduced, and advising the Roosevelt Irrigation District on pursuing action to recover costs and damages relating to contaminated groundwater wells from more than 60 potentially responsible parties.

Sources say: "We appreciate the broad resources within the firm, and its high profile and excellent reputation on a national and local level."

KEY INDIVIDUALS Preeminent air quality expert Stanton Curry was lead attorney in the Rentech Energy matter and also maintains a strong remediation practice, acting for Freeport-McMoRan on several such issues.  

David Kimball chairs the department and is active across the whole range of issues, supervising multiple matters for Freeport-McMoRan and the Roosevelt Irrigation District, and leading on the Denison Mines matter. Clients applaud his negotiation skills, broad experience and technical expertise, and highlight his "cordial yet no-nonsense approach to the resolution of issues," and his "insight into current and future business needs."

James Derouin has practiced environmental law for more than 40 years. In addition to his noted specialization in groundwater contamination matters, he has been active of late in remediation projects and negotiating or defending multiparty CERCLA cost recovery actions throughout the USA.  

Formerly a practicing chemical engineer, Chris Leason is regularly involved in remediation and CERCLA-related matters. He advises two national trade associations on environmental issues, and has recently represented clients in EPA national enforcement initiatives concerning mineral processing and acid plants.

THE FIRM Lewis and Roca's environmental and natural resources group collaborates closely with its government relations and energy and utilities teams. The group has a strong track record of attracting clients from outside its home region, and recently advised a Canadian client on complex soil, air and groundwater contamination matters arising from its purchase and proposed redevelopment of an abandoned mining property. The team also advised a solar power company on the environmental aspects of the development of a major project in Arizona, and has represented prominent clients in connection with alleged releases of containments into the environment.

KEY INDIVIDUALS Carla Consoli heads the firm's energy, natural resources, environmental, government relations and Indian affairs groups, and is a popular choice for peer referrals and a noted expert in water rights and water quality issues. She acts as lead attorney on solar power and abandoned mine matters, and also has expertise in securing environmental permits for new facilities, recently advising a client seeking to operate an aluminum recycling plant.  

THE FIRM This firm has broad national reach and notably good connections in Washington, DC, and is appreciated by clients for its strong emphasis on establishing good working relationships with federal, state and local regulatory authorities. The team in Phoenix handles all aspects of environmental matters and has particular expertise in mining matters, having acted for BHP Billiton, Nord Resources and Rio Algom. Recent highlights include advising clients on the environmental aspects of major solar and wind energy projects in Arizona, acting for Arizona American Water on permitting, enforcement and CERCLA-related matters, and advising CEMEX on its alleged responsibility for flood damage resulting from mining operations.

Sources say: "They know our business and the industry very well – we don't have to educate them about anything, and they hit the ground running."

KEY INDIVIDUALS Lucas Narducci chairs the environmental and natural resources group, and has recently represented Nord Resources, Rio Algom and a major Arizona business league. He is renowned for his "great relationships with government officials," and is praised for his client care and "invaluable input, recommendations and advice."

Barton Day has more than 25 years' experience in counseling clients on environmental issues, and is particularly well versed in securing authorizations and ensuring compliance. One impressed client characterizes him as "a very smart man who leaves no stone unturned," further highlighting his "thoroughness and intelligence, and understanding of our industry."  

Margaret LaBianca has broad expertise and is described by clients as "one of the best water lawyers in the state of Arizona." She recently advised Tradewind Energy on EPA compliance aspects of its wind power project, and acted for a company seeking to develop solar power plants in Arizona on long-term water issues. She is also noted for her familiarity with environmental issues in the hard rock mining and real estate development industries.   

THE FIRM Quarles & Brady's environment team is experienced in the full range of matters, and is particularly noted for its prowess in air quality and renewable energy issues, in addition to raising its profile in water-related cases. It recently acted for the Newland Real Estate Group on the water supply strategy for the city of Goodyear's Estrella master development project. Other highlights include defending Univar USA and several other companies in suits brought by the Roosevelt Irrigation District for alleged impact to its groundwater wells, and advising three firms on highly restrictive air quality and other environmental legislation.

KEY INDIVIDUALS Roger Ferland heads the environmental law group and is a veteran lawyer recommended "without question" by peers for his mastery of air quality matters. He acts for a broad range of clients, from waste management companies to hi-tech manufacturers, on defending civil enforcement actions, obtaining environmental permits and approvals, and in representations to legislative and regulatory authorities.   

Joseph Drazek specializes in advising a wide-ranging clientele on environmental regulation and litigation. He recently headed the team handling the Roosevelt Irrigation District matters, and has also been lead attorney for Crane in connection with its investigation of the large groundwater contaminant plume affecting the area of Phoenix's Goodyear Airport-North.  

THE FIRM This small, highly respected firm acts for all manner of clients, from lone operators to multinationals such as Honeywell. The team is skilled in waste management, brownfield redevelopment, air quality and conservational matters but is best known for its expertise in all aspects of Arizona water law, and has extensive experience in both groundwater matters and in issues concerning the Colorado, Little Colorado and Gila Rivers.  

Sources say: "Fabulous and excellent."

KEY INDIVIDUALS John Weldon has extensive experience and continues to be regarded as "a leading light" in water law matters. He has been counsel to the Salt Rover Project since 1973, and has also been involved of late in seeking resolution of the water rights claims of the White Mountain Apache and Hopi tribes, and of the Navajo nation. 

Since publication, Van Wolf has more than three decades' experience across a broad range of environmental and natural resources issues, and maintains a "very good reputation" among his peers. He has particular expertise in environmental due diligence, regulatory compliance and defense against environmental claims, and is especially familiar with matters involving water quality and hazardous waste.

THE FIRM This small team is noted for its specialization in acting for municipalities and nongovernmental organizations, for its expertise in securing permits for renewable energy and other power plants, and for its experience in environment issues arising from mining and landfill operations. Recent highlights include assisting Next Era Energy Holdings with the regulatory aspects of establishing the Perrin Ranch wind farm, and acting for W Holdings on the ambitious Harquahala Valley groundwater transfer project. The team also represented the City of Phoenix in one of the many CERCLA-related suits being brought by the Roosevelt Irrigation District.

KEY INDIVIDUALS Christopher Thomas is widely recommended by peers and is notably experienced in matters involving hazardous substances and groundwater contamination. He was lead partner in the Next Era and Roosevelt Irrigation District matters, and has also advised Enhanced Oil Resources on environmental permitting matters arising from its proposed development of a helium extraction plant at St. Johns. 

Peter Culp has extensive experience advising on facility location, environmental cleanup, permitting and regulatory compliance, and earns praise for "thinking differently and looking at problems with an eye toward solutions." In addition to handling the Harquahala Valley matter, he also represented The Nature Conservancy with regard to the Colorado River Basin Initiative, and advised the 90-municipality League of Arizona Cities & Towns on impact fee legislation matters. 

THE FIRM Ballard Spahr's environmental practice regularly acts on brownfield redevelopment, natural resources and climate change matters, but is probably best known for its water law expertise. The group in Phoenix is closely integrated with the nationwide team, and collaborates closely with offices in California, Colorado, Nevada and Utah; it also benefits from excellent relations with the regulatory authorities, notably in compliance and permitting matters. Recent highlights include acting for a number of municipalities on water acquisition and water rights matters, and advising a major Arizona power plant on air permitting issues. 

Sources say: "A solid, professional firm which compares very favorably with others in the water rights sector." 

KEY INDIVIDUALS Lee Storey is highly prized by clients for her deep knowledge of water law and extensive network of contacts among both developers and regulators. "There is only a handful of experts in Arizona who can deal at the highest levels in water matters, and Lee Storey is one of them," said one interviewee.

THE FIRM This Phoenix boutique continues to stand out for its expertise in water rights, use, management, development and conservation issues, and for its founding partners' experience at the Arizona Department of Water Resources (ADWR). The team enjoys excellent relations with government and regulatory officials at state, regional and national level, and acts for water providers, municipalities, developers, mining companies and conservation organizations, among other clients.

Sources say: "Number-one water lawyers."

KEY INDIVIDUALS Rita Maguire is widely identified as a "top-notch water lawyer." Her exhaustive knowledge of Western water policy is richly informed by having served as director of the ADWR for eight years, where she was responsible for the design and implementation of several state and federal water management programs.   

Michael Pearce also benefits from ADWR experience, having served as its chief counsel for seven years. He is experienced in interstate river basin litigation and general stream adjudications, and frequently represents local authorities, mining companies and land developers in complex water development and allocation matters.

THE FIRM This firm provides a comprehensive range of environment-related legal services, and stands out in particular for its prowess in waste management, air and water quality, and contamination cleanup matters. The team is also noted for its water law expertise, being skilled in both the acquisition and protection of water rights, and adept at guiding clients through the regulatory maze. Sources also highlight the team's readiness to try cases involving both state agencies and private individuals.

Sources say: "A really good, broad-based natural resources firm."

KEY INDIVIDUALS Fredric Bellamy shines in complex matters of environmental litigation, and has extensive experience in handling intricate, lengthy cases in the mining, aviation and waste management sectors.

Clients "enjoy working with" Sheryl Sweeney and hold her in high regard for her deep knowledge of water law and policy. Sources add that she is one of the first names to come to mind when peers are asked for referrals. She has an excellent track record in securing assured water supply certificates and in the acquisition, documentation and transfer of both surface water and groundwater rights; she is also highly experienced in representing electricity utilities, and in handling environmental compliance matters for real estate developers.

THE FIRM This versatile group is noted for its handling of brownfield redevelopment and toxic tort matters, and frequently advises copper and gold mining clients on permitting and due diligence matters. It continues to act for major players in the renewable energy market, recently representing First Solar in connection with the establishment of new manufacturing facilities in Mesa. The firm has also seen an increase in mandates relating to water law, with its attorneys periodically called upon by state authorities to act as Special Attorneys General in such matters.

KEY INDIVIDUALS Patrick Paul advises manufacturers and power generators on permitting and compliance matters, but remains best known for his skill in toxic tort litigation, particularly that involving alleged contamination by mold or asbestos.

William Staudenmaier is identified as an "effective and careful" attorney with "a good client base." He specializes in water rights matters and is particularly experienced in general stream adjudications, the settlement of Native American water rights claims, and the securing of permits and approvals from state and federal regulatory bodies. 

Karen Gaylord recently arrived at Jennings, Haug & Cunningham LLP from Salmon Lewis & Weldon, and is widely respected by peers as "one of the best" attorneys in the practice area and a "first choice for referrals." She regularly advises businesses, municipalities, water providers and insurers, often acting on compliance, brownfield redevelopment, groundwater contamination and federal Superfund issues.

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam