Gregory R. Tan

Clean Water Act

• Represented natural gas producer in connection with EPA enforcement action pursuant to Section 404 of the CWA relating to construction of well pads and in-stream farm ponds.
• Represented national retail developer on nationwide CWA Storm Water Program compliance and enforcement matters brought by the U.S. EPA.
• Represented national home builder and a Colorado highway contractor on CWA and Colorado Storm Water Program compliance and enforcement matters.
• Represented U.S. EPA in an enforcement action against a national pipeline company arising from spills from the company’s pipelines to waters in several states, resulting in the largest civil penalty a company had ever paid. United States of America v. Colonial Pipeline Company, 1:00-CV-3142 (N.D. Ga. 2003).

Solid and Hazardous Waste

• Represented El Paso Natural Gas Co. in litigation pursuant to Uranium Mill Tailings Radiation Control Act (UMTRCA) and RCRA relating to alleged uranium mill tailings contamination on Navajo and Hopi Reservations. EPNG v. U.S., 07-CV-00905 (D.D.C.) and EPNG v. U.S., No. 10-5080 (D.C. Cir.).
• Represented owner of former automotive center in defense of federal action under RCRA and CERCLA, and state class action lawsuit alleging diminution of property value, in connection with the Maryland Square PCE Plume in Las Vegas, Nevada, winning dismissal of both actions. Voggenthaler v. Maryland Square, LLC, No. 2:08-cv-1618 (D. Nev.), and Voggenthaler v. Al Phillips the Cleaner Inc., No. A553784 (Dist. Ct., Clark County).
• Represented U.S. EPA in landmark three-party effort to address extensive environmental contamination in the Copper Basin Mining District of Tennessee. Negotiated a Memorandum of Understanding among OXY USA, the Tennessee Department of Environment and Conservation (TDEC), and the U.S. EPA, and several administrative settlement orders under which the parties conducted investigation and cleanup work in the 35 square mile impacted area.
• Represented metal plating firm in connection with Colorado solid and hazardous waste enforcement, permitting and compliance matters.
• Represented energy company in connection with EPA enforcement and CERCLA cost recovery matters relating to former uranium mine located in New Mexico.
• Represented energy company in connection with EPA enforcement and CERCLA cost recovery matters relating to former uranium mines located in Arizona.
• Represented U.S. EPA in numerous CERCLA enforcement matters resulting in administrative and judicial cost recovery settlements with PRPs.

Clean Air Act

• Represented Colorado Interstate Gas Company in defense of a Clean Air Act enforcement action alleging violations of the federal NESHAPs, NSPS and PSD programs, for which CIG agreed to pay a penalty in the amount of $987,757, to pay permit fees in the amount of $32,243 and to perform an ambient air monitoring Supplemental Environmental Project for a period of two years. U.S. v. Colorado Interstate Gas Co., No. 2:09-cv-00649-TS (D. Utah 2009).
• Represented U.S. EPA in multi-state settlement addressing alleged PSD/NSR violations at company oilseed processing facilities resulting in $1.6 million penalty and an estimated $130 million in injunctive relief, primarily in the form of pollution controls. United States of America v. Cargill Incorporated, No. 05-2037 (D. Minn. 2005).
• Represented national disaster response firm in connection with CAA Asbestos NESHAP program enforcement and compliance matters.
• Represented oxygenate blender in connection with EPA CAA Fuels Program registration and compliance matters, including advice regarding RIN transactions and related renewable fuels compliance matters.
• Represented U.S. EPA in numerous CAA Title V petition matters and in defensive litigation arising from NAAQS designations.

• Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in appeal of a ruling that Lone Pine Orders are not permitted under Colorado law in complex hydraulic fracturing or other oil and gas-related toxic tort cases. Antero Resources Corp. v. Strudley, No. 13-SC-576 (2013).
• Represented Colorado Interstate Gas Co. in connection with 2008 Colorado Oil and Gas Rulemaking and related Pipeline Safety Act and Natural Gas Act preemption matters and rulemaking proceedings.
• Represented municipality and ski resort in effort to defeat Public Service Company of Colorado’s second attempt at a proposed environmental tariff. Docket No. 10AL-908E & Decision No. C12-0158.
• Represented group of six ski resorts in connection with Public Service Company of Colorado’s 2009 electric rate case, including successful effort to defeat first of its kind broad form environmental indemnity and environmental agreement, and costly demand ratchet. Docket No. 09AL-299E & Decision No. C10-0286.
• Represented national wind energy firm in connection with the 2008 Colorado Resource Plan proceedings before the Colorado PUC. Docket No. 07A-447E.

• Represented national wireless telecommunications firm in connection with national environmental audit examining compliance with EPCRA, CWA, CAA and RCRA pursuant to Audit Agreement with the U.S. EPA.

• Represented national retail developer on numerous projects throughout the Denver metro region obtaining permits and approvals needed for retail developments.
• Represented national oil and gas company in connection with obtaining approvals to develop new gas station.
• Represented national wireless telecommunications company in connection with noise complaints and city enforcement action arising from rooftop chillers.
• Advised redevelopment company on land use and zoning matters in connection with redevelopment of St. Anthony’s Hospital.
• Advised private equity firm on land use and zoning matters in connection with transit-oriented redevelopment project at RTD’s Alameda Station.
• Advised real-estate investment firm on land use and zoning matters in connection with redevelopment of restaurant and lodge in Aspen.

• Represented MAT Concessionaire, LLC and its sponsors, Meridiam Infrastructure Fund and Bouygues Travaux Publics, S.A., in the Port of Miami Tunnel project, one of the first greenfield public-private partnerships in the United States.

• Assistant Regional Counsel, U.S. Environmental Protection Agency, 1999-2007

• Law Clerk, Attorney General’s Environmental Law Practice Group, New Jersey Attorney General’s Office, 2008-2009
• Judicial Extern, Hon. Dolores K. Sloviter, U.S. Court of Appeals for the Third Circuit, 2008
• Judicial Extern, Hon. Barry T. Albin, New Jersey Supreme Court, 2007

• Listed, Lawdragon, 500 Leading U.S. Environmental & Energy Lawyers guide, 2021-2026
• Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
• Recipient, two "U.S. Department of Justice Certificates of Commendation," for outstanding performance and invaluable assistance in support of DOJ's Environment and Natural Resources Division on major CWA and CAA judicial settlements
• Recipient, EPA National Awards, including two gold medals, a silver medal and two bronze medals, for contributions to enforcement matters

• Board of Directors, Environmental Council of the States (ECOS), 2021-2026
• Board Member, Arvada Council for the Arts and Humanities, 2010-2014
• Member, Colorado Business Committee for the Arts, Leadership Arts Program, 2011-2012
• Member, Parks, Recreation, Open Space and Trails Advisory Committee, Town of Superior, 2009-2011
• Member, American Bar Association
  • ABA Section of Environment, Energy and Resources
  • ABA Advisory Panel
• Member, Boulder County Bar Association
  • BCBA Natural Resources and Environmental Law Section
• Member, Colorado Bar Association
  • Environmental Law Section
  • Environmental Law Section Advisory Council, 2012-Present
• Member, Denver Bar Association
• Member, Rocky Mountain Mineral Law Foundation