Martin K. Banks

Martin K. Banks

Partner
Salt Lake City, UT
Overview

About Martin

Marty Banks is a partner of the environmental, land use and natural resource practice group at Stoel Rives. He advises clients in cost-effective regulatory compliance (including the Clean Water Act, Clean Air Act, NEPA, ESA, CERCLA, RCRA and TSCA), in liability and enforcement issues arising out of environmental contamination and permit violations, in permitting and disclosure strategies, in mining and energy development projects, in allocating environmental risks in real estate and business transactions, in facilitating brownfield redevelopment, and in transferring water rights, air emission credits and wetland bank credits. He is also involved in various environmental litigation matters including contamination issues, endangered species concerns, public land use conflicts, mining issues and toxic torts.

Marty was formerly a trial attorney at the U.S. Department of Justice (1991- 1994), and an associate at White & Case (1989-1991).

 

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Experience

Experience

Clean Water Act (and Wetlands)

  • Friends of Great Salt Lake v. Utah Division of Water Quality - Assisted industrial metal manufacturer with UPDES permitting and the subsequent appeal of the permit.
  • Sierra Club v. BLM - Defended Intervenor PacifiCorp before Interior Board of Land Appeals in challenge to BLM’s grant of right-of-way for mine drainage pipeline.
  • Army Corps of Engineers v. Homeowners Association - Defended waterfront homeowners association in wetland permitting and fill enforcement action.
  • Agribusiness v. Army Corps of Engineers - Represented agricultural property owner with wetland permitting and enforcement matter.

CERCLA, Voluntary Cleanup Programs, Brownfields Projects

  • EPA v. Ekotek - Represented multiple major potentially responsible parties in the first and largest CERCLA Superfund site established in the State of Utah (the Ekotek site), and in that effort played a leading role on the PRP Committee during the several year litigation undertaking.
  • Property Owners - Assisted large manufacturing client manage historical chemical releases and off-site soil and groundwater impacts to adjacent property owners.
  • EPA & Utah DEQ - Assisted numerous owners of contaminated properties achieve cleanup, closure and liability releases through various voluntary cleanup programs, no further action protocols and other cleanup programs.

NEPA

  • Save Our Canyons v. U.S. Forest Service, Snowbird Ski Resort - Defended intervening resort owner in citizen suit challenges to various resort expansion projects (lifts, boundary expansions, buildings, etc.).
  • Wildlands Defense v. BLM, PacifiCorp, Idaho Power - Assisted public utilities with NEPA permitting of multi-segment Gateway West transmission line from Wyoming to Idaho. Intervened and obtained dismissals of all challenges to BLM’s approval of initial segments, For subsequently approved remaining segments, we filed request for reconsideration and obtained alternative preferred alignments.
  • Living Rivers, Sierra Club, et al. v. BLM and FWS - Represent intervenor oil shale developer against challenges to BLM grant of easement for a utility corridor to access proposed energy project.

Clean Air Act

  • State of Utah v. EPA - Represented intervener before the Tenth Circuit in challenge to EPA’s disapproval of Regional Haze State Implementation Plan.
  • Clean Air Capital Markets v. PC - Handled dispute between broker and seller of emission credits under the Clean Air Act.
  • Sierra Club v. Utah Division of Air Quality, PacifiCorp - Defended intervening public utility in connection with a citizen suit challenge to an air permit.
  • Utah Division of Air Quality - Coordinated permitting of expansion and ownership transfer of major electric generating facility.

Toxic Torts

  • Williams v. SGL - Defended industrial manufacturer against toxic tort claims for personal injury relating to alleged exposure to air toxins. Toxic Tort: Stevens v. EBCo - Defended CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating groundwater contamination.
  • Nemelka v. Ensign-Bickford - Represented large chemical manufacturer against personal injury and property damage claims alleging damages from purported exposure to chemicals seeping into ground and travelling downstream via groundwater.

Solid & Hazardous Waste (RCRA)

  • Utah Department of Environmental Quality v. Reilly - Represented chemical manufacturer in enforcement action involving state and federal regulators.
  • Metro Recycling - Assisted large recycler with permitting and compliance issues relating to a variety of solid and hazardous wastes.

Radioactive Waste

  • Energy Capital Partners - Assisted with the environmental due diligence in acquisition of a significant radioactive waste repository, including renewal of radioactive waste license.
  • Developer of Uranium Mining Site - Assisted developer of former uranium mining site obtain clearance under Utah Voluntary Cleanup Program.

Drinking Water Act

  • Uintah County Ordinance and Conditional Use Permit - Assisted mineral lessee with County's development of Drinking Water Protection Ordinance, and obtained of mining and conditional use permits for exploratory activities
  • Utah Division of Drinking Water v. Sandy City - Represented municipality in connection with fluoride release, lead and copper investigation, and associated Notice of Violation and Administrative Order.
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Honors

Honors & Activities

Professional Honors & Activities

  • Included in The Best Lawyers in America© (currently: Environmental Law, Litigation-Environmental), 2008-2019
  • Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (currently: Environment, Natural Resources & Regulated Industries), 2009-2019
  • Listed in Mountain States Super Lawyers® (Environmental, Business Litigation, Energy & Natural Resources), 2009-2015
  • Included in Utah Business Legal Elite, 2016-2018
  • AV Preeminent Peer Review Rated with Martindale-Hubbell®
  • Certified Public Accountant (CPA)
  • Utah Manufacturers Association, Chairman of the Environmental Committee
  • Former Chairman, Utah State Bar, Environment and Natural Resources and Land Section
  • Former General Counsel, Salt Lake County Republican Party

Civic Activities

  • Unit Representative, Boy Scouts of America
  • Founding Board Member, Esperanza Charter School
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Insights & Presentations

Insights & Presentations




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