John Martin represents clients in complex litigation involving natural resources and environmental issues.
John has litigated a number of cases under various environmental laws including the National Environmental Policy Act, the Endangered Species Act, the Clean Air Act, the Clean Water Act, and Superfund. He has developed a particular focus on the application of environmental regulation to the energy industry. In addition to federal district court litigation, John has argued several cases before the U.S. Courts of Appeals, including both appeals and regulatory matters. He represents clients before the Interior Board of Land Appeals and in administrative proceedings at the Environmental Protection Agency.
Early in his career, John served as an attorney in the Solicitor's Office at the Department of the Interior and, later, as a trial lawyer with the Lands and Natural Resources Division of the Department of Justice. At DOJ John litigated cases under the Comprehensive Environmental Response, Compensation, and Liability Act, the Clean Air Act, and the Clean Water Act, and received a Special Achievement Award.
John has contributed to various publications, and has served as co-author to three environmental law texts. He is also a frequent speaker on various environmental and natural resource topics. John has received the highest peer rating from Martindale-Hubbell for several years.
Representative Reported Cases
· United States v. Brigham Oil & Gas L.P., __ F.Supp. 2d __, 2012 WL 120055 (D.N.D. 2012); won dismissal of criminal action under the Migratory Bird Treaty Act in a far-reaching decision which rejected strict liability enforcement of the MBTA for oil and gas operations.
· Biodiversity Conservation Alliance v. Clark, 608 F.3d 709 (10th Cir. 2010); lead counsel for group of oil and gas companies in successful defense of NEPA challenge to Resource Management Plan concerning coalbed natural gas development in Wyoming's Powder River Basin.
· Pennaco Energy, Inc. v. U.S. EPA, 692 F.Supp.2d 1297 (D.Wyo. 2009); lead counsel for a group of oil and gas companies in successful challenge to state water quality standards approved by EPA under the Clean Water Act.
· Northern Cheyenne Tribe v. Norton, 503 F.3d 836 (9th Cir. 2007); argued on behalf of oil and gas companies in successful defense of challenge to BLM compliance with NEPA.
· American Petroleum Inst. v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008); argued on behalf of individual company in successful challenge to EPA regulations promulgated under Clean Water Act.
· United States ex rel. Costner v. URS Consultants, Inc., 317 F.3d 228 (8th Cir. 2003); successful defense at trial and appeal of action against contractor at Superfund site.
· United States v. Cello-Foil Products, Inc., 100 F.3d 1227 (6th Cir. 1996); lead counsel in successful defense of CERCLA action.
· Marathon Oil Co. v. Lujan, 937 F.2d 498 (10th Cir. 1991); successful litigation over oil shale claims under 1872 Mining Law.
· City of Waukesha v. EPA, 320 F.3d 228 (D.C. Cir. 2003); argued regulatory appeal of rulemaking under Safe Drinking Water Act.
· State of Ohio v. EPA, 838 F.2d 1325 (D.C. Cir. 1988); argued CERCLA regulatory matter.
Representative Matters
· Represent major oil companies before federal agencies concerning environmental regulatory issues arising from BP Macondo Oil Spill in the Gulf of Mexico.
· Represented Texas municipality in NEPA challenge to locating of federal wildlife refuge where it would preclude source of municipal water.
· Defended and resolved two of the most significant enforcement actions brought by EPA against mining companies for permit violations alleged under the Clean Water Act (2007-2010).
· Resolved EPA action against oil and gas concern for spills and asserted violations of spill plan requirements under Clean Water Act (2005-2008).
· Defended chemical company against major administrative enforcement action under Toxic Substances Control Act; resolved in administrative settlement with EPA (2005).
· Testified before Congressional task force concerning revisions to NEPA (September 2005).
· Participated in defense of criminal investigations under federal environmental statutes (2003-present).
· Represented State of Wyoming in Clean Water Act and Endangered Species Act matters (2004-2005).
· Represent oil and gas concerns in a series of NEPA actions arising from coalbed natural gas operations in Wyoming and Montana; cases venued in Wyoming and Montana (2004 - present).
· Successful resolution of major Clean Air Act enforcement action against Ohio agricultural concern (2004).
· Participated in conduct of investigations of potential environmental liabilities for major companies.
· Defended and resolved significant Clean Water Act action brought against major municipality (2003).
· Participated in permitting major offshore Alaska exploration project and successfully defended challenges in 9th Circuit, Federal District Court, and Interior Board of Land Appeals (2002).
Professional Affiliations:
Bar Association of the District of Columbia
American Bar Association, Natural Resources Law Section
Wyoming Bar Association
Awards and Honors
Special Achievement Award, Department of Justice.
Publications
· "The Migratory Bird Treaty Act: An Overview," (2012). Co-Authors: Thomas R. Lundquist, Steven P. Quarles, John C. Martin, J. Michael Klise and Sarah Bordelon.
· Chapter 27: "Axing Access: Emergent Limits on Public Lands Development," 57th Annual Rocky Mountain Mineral Law Institute (July 23, 2011). Co-Authors: John C. Martin and Sarah Bordelon.
· "The Endangered Species Act: An Overview," (2010). Co-Authors: Thomas R. Lundquist, Steven P. Quarles, John C. Martin, J. Michael Klise and L. Michael Bogert.
· "Fractured Fairy Tales: The Context and Regulatory Constraints for Hydraulic Fracturing," Rocky Mountain Mineral Law Foundation & Eastern Mineral Law Foundation, Special Institute in the Major Shale Plays (December 2010). Co-Authors: John C. Martin, Susan M. Mathiascheck & Sarah Gleich.
· "Not A Drop Unregulated," National Law Journal (May 2008). Co-Authors: John C. Martin and Amy B. Chasanov.
· "NEPA and SAFETEA-LU: Limits on the Statute of Limitations?," Environment Reporter (April 21, 2006). Co-Authors: John C. Martin and Susan M. Mathiascheck.
· "NEPA Compliance and Coalbed Methane Development: The Powder River Experience," Fifty-Sixth Annual Institute on Oil and Gas Law (2005). Author: John C. Martin.
· The Environmental Law Handbook, Bureau of National Affairs; chapters on NEPA, the Endangered Species Act, and CERCLA (1994). Contributing Author: John C. Martin.
Alerts & Newsletters
· "Federal Court Rejects Expansive Interpretation of Criminal Liability Under Migratory Bird Treaty Act," Environment & Natural Resources Law Alert (January 19, 2012). Contacts: John C. Martin, Sarah Bordelon.
· "Update on the Polar Bear-Endangered Species Act Multidistrict Litigation," Environment & Natural Resources Law Alert (October 31, 2011). Contacts: John C. Martin, J. Michael Klise, Thomas R. Lundquist.
· "Federal Court Rejects EPA Overreaching Into Clean Water Act Section 404 Permitting in Victory for Crowell & Moring Client National Mining Association," Environment & Natural Resources Law Alert (October 11, 2011). Contacts: Kirsten L. Nathanson, David Chung, John C. Martin.
· "BOEMRE Proposes Additional SEMS Program Requirements," Environment & Natural Resources Law Alert (September 28, 2011). Contacts: Susan M. Mathiascheck, Duane A. Siler, Kyle W. Parker, Amy B. Chasanov, John C. Martin, Dawn Miller, Providence Spina.
Speaking Engagements
· "Current and Anticipated Federal Regulation of Hydraulic Fracturing Operation," Special Institute on Development Issues in the Major Shale Plays," Rocky Mountain Mineral Law Foundation & Eastern Mineral Law Foundation (December 2010). Presenter: John C. Martin.
· "Shale Plays in the Intermountain West: Legal & Policy Issues," Natural Resources Law Center, University of Colorado (November 2010). Panelist on "The Evolving Policy": John C. Martin.
· "The Gulf Coast Oil Spill," Columbus School of Law, The Catholic University of America (October 2010). Panelist: John C. Martin.
· "The NEPA Reform Debate," American Bar Association, Section of Environment, Energy and Resources (Oct. 2006). Panelist: John C. Martin.