Ms. Gray specializes in complex civil litigation and appellate advocacy with an emphasis on environmental litigation. She has participated in Superfund trial litigation and has trial experience in a variety of business and employment matters. Her extensive appellate experience includes a wide array of cases briefed or argued to the United States Supreme Court, the Ninth and Tenth Circuit Federal Courts of Appeals and the Montana and Wyoming Supreme Courts, involving such areas as navigable waters title disputes, Superfund and other environmental litigation, bank bad faith, auditor negligence, products liability, multidistrict air crash liability, employment litigation, oil & gas exploration, securities litigation, government contracts and insurance coverage.
In addition, Ms. Gray has long served on the litigation committee for the Montana ACLU, and in that capacity has handled numerous constitutional disputes at the trial court and appellate levels. Prior to joining Holland & Hart in 1986, Ms. Gray clerked for United States District Court Chief Judge Clarence A. Brimmer.
PPL Montana, LLC v. Montana, 565 U.S. ___, 132 S.Ct. 1215 (2012) — The United States Supreme Court accepted certiorari in this matter, and reversed a $41 million judment against PPL Montana. The Court restablished and clarified important principles of federal navigability law that govern whether a state took ownership of the beds and banks of a river at its time of statehood, or whether segments of those beds are instead owned by the riparian landholders, including such lands underlying hydroelectric dams and reservoirs.
Western Security Bank v. Eide Bailly, LLP, 249 P.3d 35 (Mont. 2010) — In a case regarding the responsibility of outside auditors for multi-million dollar third-party bank fraud, the Montana Supreme Court reversed a verdict for the auditors and remanded for a new trial. The case established important legal principles regarding claims for negligent misrepresentation and fraud in the commercial context.
ARCO Environmental Remediation, LLC v. Montana DEQ and U.S. EPA, 213 F.3d 1108 (9th Cir. 2000) — In this litigation involving a largue Superfund site, the Ninth Circuit reversed the federal district court and granted judgment to ARCO, remanded on the ground that the federal CERCLA statute did not pre-empt a state's broader right-to-know laws. The case decided important issues regarding the access of potentially responsible parties to documents exchanged between state and federal agencies as to responsiblility and appropriate remedies in hazardous waste matters.