|
Howard is co-chair of Lindquist & Vennum's 21-attorney Real Estate, Environmental and Construction Litigation practice group. His environmental practice focuses on regulatory and litigation cases before state and federal courts and administrative agencies. He is the former Colorado Deputy Attorney General in charge of Colorado's Superfund Litigation Section, and he maintains key contacts with environmental agencies. He practices in the following areas: Air quality litigation and permitting NEPA litigation for utility and transportation projects Wetlands permitting and enforcement actions Hazardous and radioactive waste facility litigation Water quality permitting and enforcement actions Superfund and natural resource damage litigation Environmental due diligence in business transactions Environmental audits for corporate risk prevention Environmental insurance litigation Clean Air Act Litigation and Permitting. Howard represents utility clients in litigation involving air permits and counsels clients concerning permitting and compliance with state and federal clean air laws. Representative Cases: Howard currently represents a major electric utility seeking an air permit for a generating facility and is litigation counsel for this utility in several lawsuits related to the air permit. In the past, he defended several utilities involved in one of the nation's only visibility impact cases brought under the federal Clean Air Act. NEPA Litigation. Howard provides strategic advice and counsel to clients involved in preparation and litigation of Environmental Impact Statements for major utility transmission and highway transportation projects, including litigation-sensitive advice regarding comments for the administrative record involving purpose and need, environmental impacts, noise, air quality, wetlands, air toxics, traffic demand and Section 4(f) parks and historic properties. Representative Cases: He is currently representing a utility in a 1,000 mile transmission project and he represents the City of Arvada, Colorado as environmental and litigation counsel involving the Colorado Department of Transportation's Environmental Impact Study for the Northwest Corridor Project to complete the transportation beltway around Metro Denver. He also represents the Northwest Parkway Public Highway Authority as Special Environmental Counsel. In the past, Howard has represented the E-470 Public Highway Authority in the same capacity. Hazardous Waste Facility Litigation and Permitting. Howard is currently representing a county government client challenging the government's decision to allow disposal of radioactive wastes, which the county prohibits, at a hazardous and solid waste landfill. He is advising the client on all aspects of Colorado's Hazardous Waste Act and Colorado's radiation control provisions, including the state permitting process and applicable local land use laws. Wetlands Permitting and Enforcement. Howard defends clients caught in federal and wetland enforcement actions and represents developers and others seeking to obtain permits from the United States Army Corps of Engineers under Section 404 of the Clean Water Act. Representative Cases: He is presently representing developers in several EPA and Corps enforcement cases that involve disputes over the agencies' Clean Water Act jurisdiction, negotiations of the terms and conditions of Consent Decrees and Administrative Compliance Orders, as well as the amount of civil penalties. Howard has also provided legal strategy concerning the development of alternatives analysis in complex 404 permit applications. Superfund Litigation. Howard has extensive experience in Superfund litigation including cost recovery cases and natural resource damage matters. He has worked as counsel for clients involved in PRP committees and has negotiated resolution of Superfund claims with environmental agencies. Representative Cases: As Deputy Attorney General, Howard's principal responsibility was to provide strategic litigation planning for seven major Superfund lawsuits in Colorado federal courts. These cases included one of the largest contaminated sites in the nation: the Rocky Mountain Arsenal Superfund Site. He was directly involved in the cost recovery claims under CERCLA Section 107 as well as claims for natural resource damages. Howard also represented the City of Lakewood, Colorado as a PRP at the Lowry Landfill Superfund Site and has argued Superfund issues before the U.S. Court of Appeals. Water Quality Permitting and Enforcement. In addition to his wetlands practice, Howard provides advice and counsel to utility and other clients concerning all aspects of NPDES permitting and represents clients where the government has initiated enforcement actions under state and federal water quality laws. Environmental Due Diligence in Business Transactions. Howard regularly advises clients involved in complex asset, stock purchase or real estate transactions concerning the allocation of environmental risks and liabilities, including environmental representations and warranties, indemnities, and due diligence efforts. His experience in litigating environmental cases provides a practical aspect to his advice not commonly found in more traditional environmental practitioners. Representative cases: Howard provides environmental counsel to a major electric generating utility concerning the potential environmental liabilities and the allocation of environmental risk arising from the acquisition, development and construction of new generating facilities. Environmental Audits for Corporate Risk Prevention. To assist clients in avoiding government enforcement actions, Howard routinely advises clients undertaking environmental compliance and management system audits. His counsel involves advice concerning the application of federal and state environmental audit and privilege laws designed to protect clients from environmental liabilities and penalties. Environmental Insurance Litigation. Howard served as environmental counsel for a large multi-state utility in a three-week jury trial seeking insurance recovery for releases of contaminates at three Superfund sites. The trial resulted in a $7.1 million verdict for his client. He continues to work with our firm's insurance recovery team on environmental coverage matters. Industries Represented: Electric Generating Utility Companies Real Estate Developers Local Governments Regional Transportation Authorities Public and Private Corporations.
| 