Mr. Day represents coal producers, oil and gas companies, pipelines, refineries, power plants, and gas plants. He represents energy companies in environmental litigation in state and federal courts around the country as well as before state agencies. His experience includes coal contract disputes, oil and gas disputes, class actions, ad valorem and severance tax disputes, and environmental permitting and appeals. Mr. Day also works as an arbitrator and mediator.
In February 2012, Mr. Day argued before the U.S. Court of Appeals, District of Columbia Circuit, for a coalition of industry groups taking part in the challenge to the EPA's endangerment rule, which focuses on EPA's initial decision holding that greenhouse gases are harmful, and the tailpipe rule, which adopts new standards for car and light-truck emissions. A decision is expected in the next several months.
Mr. Day has briefed and argued a successful challenge to the constitutionality of Wyoming's ad valorem tax scheme and has represented numerous energy clients in Wyoming tax valuation litigation.
Mr. Day is admitted to practice in Wyoming, as well as the Ninth Circuit Court of Appeals, the Tenth Circuit Court of Appeals, and the District of Columbia Circuit Court of Appeals. He has appeared before the Wyoming Supreme Court on numerous occasions over the last twenty-five years.