WATER QUALITY – ENVIRONMENTAL LAW & PERMITTING – AGENCY & ADMINISTRATIVE ACTIONS – SITE ASSESSMENTS AND REDEVELOPMENT – TAX LAW – LITIGATION

While at the University of Denver College of Law, Greg received awards for highest achievement in Toxic Substances and Hazardous Waste Law, Oil and Gas Law, and Basic Tax Law, and was recognized for excellence in editing by the Water Law Review

Representative Experience

Water Discharge Permitting and Water Quality Litigation

• Safe Drinking Water Act:
  • Led project to obtain state approval for a public drinking water system.
  • Advised client on penalty factors in enforcement actions relating to Class II UIC wells.
• Clean Water Act, NPDES / CDPS Permitting:
  • Provided legal research to support a mine operator’s administrative appeal of effluent limits and monitoring requirements.
  • Drafted legal briefs for judicial review of NPDES permit limitations.
• Industrial Pretreatment Permitting:  Advised metals forming facility in the development of its industrial pretreatment permit in order to enable the discharge of treated wastewater to a city facility.
• Administrative Rulemaking:  Provided analysis of the scientific and technological assertions in prehearing statements to support opposition of proposed rule change for a groundwater district impacted by a domestic wastewater treatment facility.
• Stormwater Permitting:  Provided legal research to defend a local government in an enforcement action for violations of its stormwater permit.
• Water Quality Litigation:  Provided technical review of historic documents related to well construction and completion to defend company in litigation arising from a water supply potentially impacted by hydraulic fracturing.

Air Permitting

• Construction Permitting, APEN:
  • Developed air emissions estimates and designed stack testing protocols to obtain final approval of the construction permit (APEN) for a complex recycling process.
  • Obtained air permit modifications to enable production increases
• Odor Complaints: For a manufacturing operation, responded to regulators, neighbors and the community to address odor complaints.
• Clean Air Act Compliance:
  • Led Process Safety Management and Risk Management Planning team to conduct hazard analysis and assess safety systems.
  • Wrote and maintained OSHA and Clean Air Act compliance documentation.

Real Estate, Remediation, and Redevelopment

• Environmental Site Assessments. 
  • Evaluated Phase I and Phase II environmental site assessments for proposed property acquisitions.
  • Advised client on building construction requirements and ongoing environmental monitoring requirements arising from property restrictions under a previously implemented voluntary cleanup plan.
• Land Use and Zoning:  Represented chemical manufacturer before the city council and planning commission to obtain approval for the construction of a new facility under PUD zoning
• Voluntary Cleanup Plans:  Designed and negotiated Voluntary Cleanup Plan; implemented plan to obtain no further action letter from CDPHE without use restrictions on property.
• Environmental Indemnity Agreements:  Negotiated environmental release and indemnity agreement for property transfer.
• Eminent Domain:  Advised client on compensation and evidentiary issues relevant to the loss of property value attributable to a pipeline installation.
• Building Code & Fire Code Compliance:  Negotiated with municipality and fire district to resolve Uniform Building Code and Uniform Fire Code interpretations relating to hazardous materials use and storage to enable the construction of laboratory and manufacturing facilities.

Safety, Health and Transportation Compliance

• Enforcement Actions: Following OSHA, EPA, DOT, or CDPHE inspections, advised manufacturer and negotiated settlements; revised company safety programs, trained workers, and documented corrective actions.
• Worker Safety Programs: Developed work place monitoring program for indoor air contaminants.
• Hazardous Materials Transportation:
  • Obtained DOT interpretations and approvals for international hazardous materials shipments.
  • Obtained DOT licensing for the testing, inspection and certification of transport containers.
• RCRA Compliance:
  • Obtained EPA pre-approval letters to enable hazardous waste importation.
  • Advised chemical distributor on RCRA regulations and disposal options to develop strategies for facility closure and soil removal.

Tax Law

• Remediation & Redevelopment Incentives: For brownfield redevelopment project, advised clients on tax incentives and grant programs.
• IRS Actions:  Advised client on federal income tax audit; prepared Offer in Compromise for same.

Landlord-Tenant

• Fair Housing Laws:  Represented landlord in a housing discrimination complaint before the Colorado Civil Rights Division and in the subsequent administrative hearing; negotiated settlement and release of claims.
• Eviction Proceedings:  Represented pro bono tenant in an eviction proceeding under Colorado’s Mobile Home Park Act, negotiated agreement preventing eviction.