Mark’s practice concentrates on environmental and energy law, as well as complex litigation.
With notable experience on environmental issues in the mining, water, and oil and gas industries, Mark represents private and public clients throughout the West, including energy companies, mining companies, utilities and counties. He has successfully represented clients in litigation concerning land use, soil, groundwater and air contamination; water rights and water quality; enforcement of oil and gas regulations; zoning and development disputes; and federal and state preemption issues. His work also includes assisting companies through every aspect of the NEPA process.
Mark’s diverse practice encompasses negotiating agreements on behalf of his clients concerning the sale of energy and natural gas, remediation of contaminated property, and obtaining federal and state funding. Mark also regularly performs environmental and water due diligence for clients buying and selling contaminated property and also has successfully represented a number of companies in complex litigation involving land use and contract disputes, fraud claims and class actions defenses.
In addition, Mark frequently represents his clients in administrative proceedings before the Colorado Department of Public Health and Environment, the Colorado Oil and Gas Conservation Commission and the Colorado Public Utilities Commission. Mark has successfully negotiated many favorable settlements for corporations and private landowners throughout the West.
Prior to joining the firm, Mark was a senior trial attorney in the Environmental Enforcement Section of the U.S. Department of Justice and clerked for the U.S. Court of Appeals for the Tenth Circuit.
Successfully represented the Colorado Oil and Gas Association in litigation against Lafayette, Fort Collins, and Longmont regarding bans or moratoria on hydraulic fracturing activities, prevailing on summary judgment in each matter. This litigation involved precedent-setting issues pertaining to state versus local preemption of oil and gas activities, and culminated in two rulings by the Colorado Supreme Court striking down Longmont's ban and For Collin's five-year moratorium on hydraulic fracturing.
Successfully represented a large oil and gas company in a high profile regulatory proceeding before the Colorado Oil and Gas Conservation Commission regarding potential violations related to the company's deep water injection wells and low-level earthquakes in the region. This work included assisting the company in obtaining permits for new deep water injection wells.
Successfully epresented several cement compnies in all land use, mining, contract and environmental litigation and land use matters regarding its facilities in Colorado, New Mexico, and South Dakota. This work includes assisting the company in obtaining federal government and tribal approval for a mine and conveyor system on federal and tribal property.
Represented numerous commercial real estate developers in remediating and developing contaminated properties, including the former Asarco Superfund Site in Commerce City, Colorado, to create one of the largest commercial infill developments in Colorado.