Environmental & Natural Resources

The environmental and natural resources regulatory landscape is often difficult and confusing, and includes, at times, several overlapping jurisdictions (federal, state, and local).  Moffatt Thomas attorneys have been navigating the environmental and natural resources regulatory landscape for decades and have built strong working relationships with regulatory agencies along the way, including the Governor’s Office of Species Conservation.

Practice Profile

Do you know your environmental regulatory alphabet soup?  Moffatt Thomas attorneys do, having defended actions under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Water and Clean Air Acts (CWA and CAA), the Idaho Hazardous Materials Management Act (HMMA), the Idaho Environmental Protection and Health Act (EPHA), and the Idaho Hazardous Materials Transportation Act (HMTA).

The lead Idaho regulatory agency for environmental issues is the Idaho Department of Environmental Quality.  However, other agencies, including the Idaho State Department of Agriculture, the Idaho Department of Water Resources, the Federal Environmental Protection Agency, and the United States Army Corps of Engineers also play prominent regulatory roles, in part because Idaho is one of a handful of states and territories lacking primacy over the Clean Water Act (i.e., Idaho is a “non-delegated” state).  Many Idaho actions also involve the United States Fish and Wildlife Service, NOAA Fisheries, and the United States Bureau of Reclamation, particularly in the ESA context.  The regulatory landscape is complex and diverse, and Moffatt Thomas attorneys navigate the same and level the playing field no matter the arena.

Experience

  • Performing due diligence environmental reviews and providing opinion letters
  • Hazardous materials use, storage, and transport compliance counseling
  • RCRA defense, consent order negotiation, and Post-Closure Care (Part B) permitting
  • CERCLA defense and consent order negotiation
  • CWA enforcement defense under Sections 404 (dredge and fill) and 402 (NPDES)
  • Litigating environmental insurance coverage disputes and defending against environmental claims
  • Agricultural permitting counseling regarding waste handling, discharges, construction, pesticide application
  • ESA defense (e.g., listing, critical habitat designations, agency consultation, and biological opinion-based litigation)
  • USTs and LUSTs
  • Mining law permitting, mine closure, and compliance counseling