Mark Coldiron

Director

Mark has handled a wide range matters under CERCLA, RCRA, CWA, CAA, pollution class actions, tort claims and energy matters.  These matters have included CERCLA remedy litigation, defense of CERCLA cost contribution claims, defense of citizen suits under RCRA, CWA and CAA, expert Daubert hearings, arbitration and litigation of natural gas storage migration claims, and defense of criminal violations under the CWA and SDWA. Effective at working alongside experts, management and counsel, Mark's practice has involved serving as lead counsel on various litigation, permitting, enforcement, remediation and natural resource damage matters, including former refineries, smelters, mines, lead sites, manufacturing plants and radioactive wastes.  This work has involved negotiating numerous state and federal consent orders, responding to UAOs, supporting remedial activities, remediation plans and risk-based closures.  His practice also encompasses significant ocean and river waterway sediment contamination, mine closures, storm water, groundwater, water discharge permits and water rights issues.

Education

  • B.S. in Chemical Engineering, University of Oklahoma, 1968
  • J.D., University of Oklahoma, 1972

Admitted to Practice

  • 1972, Oklahoma; U.S. District Court, All Districts of Oklahoma;     
  • U.S. Supreme Court; U.S. Court of Appeals, Tenth Circuit

Practice Areas

  • Environmental and Energy Litigation and Arbitration
  • Underground Gas Storage and FERC Certificate Condemnation Litigation
  • Environmental and Energy Regulatory Law

Professional Activities

  • Oklahoma, Oklahoma County and American Bar Associations, Member
  • ABA’s Litigation Section and Natural Resources, Energy and Environmental Law Section
  • Presented numerous seminars and papers on CERCLA, RCRA, CWA, and Oil and Gas law
  • Notable Articles: “Use of Experts in Environmental Litigation and Enforcement Matters,” ABA Section of Natural Resources and Environment, Summer, 1996 chosen as “Best of Best by ABA; “Preserving Claims to Recoup Response Costs During Brownfield’s Redevelopment Part I,” The Environmental Litigator, Fall 2010; “Preserving Claims to Recoup Response Costs During Brownfield’s Redevelopment Part II.” The Environmental Litigator, Spring 2011

Significant Energy and Environmental Litigation

  1. USA vs. Hardage -CERCLA remedy trial team as common counsel, W. Distr. OK, (1986-1989)
  2. DOJ vs. Government Contractor –defense of Grand Jury investigation brought by DOJ environmental crimes divisions for Alleged CWA/RCRA Violations, W. Distr. OK, (1990-1993)
  3. Horsehead Industries Inc. , v. St. Joe Minerals Corporation, et al. -CERCLA cost contribution claims in Northern District, OK, (1993-1994)
  4. Oklahoma Department of Health v New York City Sewer Sludge land disposal –suit in OK County State Court (representing State) seeking/granting injunction against NYC sewage sludge land disposal (1993)
  5. Hawks v. City of Coffeeville, Kansas, Halliburton Company, et. al. (U.S. District Court, District of Kansas) –multi-party  lawsuit over cost contribution claims under CERCLA for soil and groundwater cleanup at former plant site (1994-1995)
  6. Flour Daniel GTI vs. Zinc Corporation of America (Horsehead Industries, Inc.) -Arbitration trial of environmental clean-up construction claims, Tulsa, OK (1997-1998)
  7. Manke Lumber, et al. vs. Weyerhaeuser Co. -Arbitration trial of CERCLA/MTCA contribution cost allocation for Wood Debris Group members to Hylebos Waterway, Tacoma, WA (1999)
  8. ENOGEX vs. COOG -Arbitration trial of underground storage contract claims, OKC, OK (2000-2001)
  9. Defense of  Boat Mfg. for alleged POTW criminal CWA discharge activities brought by U.S. Attorney ,Portland, OR (2002-2003)
  10. PACE vs. Continental Carbon Company –defense of RCRA citizen suit, W. District, OK, (2002)
  11. City of Tulsa  vs. Cobb-Vanness, Tysons, et al. – Representing City regarding pollution of two municipal water supply lakes, Northern District, OK,  (2002-2003)-
  12. Arkema, et.al., vs. Weyerhaeuser Co.-Defense of CERCLA/MTCA cost recovery claims, trial, US District Court, Tacoma, WA (2004-2007)
  13. City of Ponca City vs. Continental Carbon Company –defense of 275  multi-party pollution case in Kay County, OK, State Court, (2005-2007)
  14. PACE  vs. Continental Carbon Company –defense of CWA  and CAA citizen suits, W. District, OK, (2005-2008)
  15. Ponca City Residents vs. Continental Carbon Company –defense of 500 plus multi-party lawsuit in Kay County, OK State Court, (2006-2009)
  16. Ponca Tribe (Class Action certified) v. Continental Carbon Company –defense of class action over alleged air  pollution ,W. Distr. OK, (2005-2009)
  17. Northern Natural Gas vs. L.D. Drilling, et al., - prosecution of underground storage field claims over migrating gas, US District Court, District of Kansas, (2006 to present)
  18. City of Blackwell v. Cyprus Amax- representing City for claims against former zinc smelter operator for damages to City ROW and POTW, Kay County State Court, (2008-2009)
  19. Argument before the Kansas Supreme Court, Northern Natural Gas vs. Oneok Field Services Company, et.al., appeal from Pratt County Kansas State Court, (2011)
  20. Cyprus Amax Minerals v. TCI Pacific Communications, Inc. - Defense of CERCLA cost contribution claims at the Collinsville Town Site ,Northern District, OK) (2011-Present)
  21. Northern Natural Gas vs. 9117.53 acres in Pratt, Kingman and Reno Counties, KS   -Commission Hearing on condemnation valuations held April-June 2014 with Commissioners Report confirmed by Court in 2015, US District Court, District of Kansas, (2012-present)
  22. Duwamish Waterway Superfund Site – Fifty-plus multi-party private CERCLA/MTCA cost allocation under MOA for clean-up of  waterway sediment, Seattle, WA (2013 to present)
  23. Environmental Appeals Board Petition for Reimbursement for costs at Hudson Refinery Superfund Site, Cushing, OK, (2015)
  24. Land O’ Lakes v. EPA-  declaratory relief and enforcement of RCRA Consent Decree involving Hudson Refinery, Cushing, OK, Western District, OK,  (2015)

Significant Environmental Regulatory Matters

  1. Hardage-Criner Superfund Site, OK -Remedy development with OK Department of Health to support remedy trial (1986-1989)
  2. Allied Refinery, Stroud , OK- RCRA landfills closure  and post closure care (1992-Present)
  3. Closure of low level radiological landfill under NRC License, OK (1993-1995)
  4. Zinc Corp of America (Horsehead Industries, Inc.) smelter site closure activities – DePue, IL. (1993-2001)
  5. Wattenberg Gathering System – Negotiated multi-compressor station groundwater remedial order with Colorado Oil and Gas Commission) (1995-1997)
  6. Puente Valley Superfund Site, City of Industry, Los Angeles, CA—RI/FS and allocation of costs (1993-1997)
  7. Zinc Corp. of America (Horsehead Industries , Inc.) – RCRA closure of former zinc smelter and post closure care, including re-permitting two non-hazardous injection control wells – Bartlesville, OK (1992-Present)
  8. Permitting underground injection control non-hazardous  well for wastewater from new  merchant electric generation plant, Newcastle, OK, (2000)
  9. Barite Mine Site - AR –support RI/FS for mine closure and negotiation with ADEQ for and construction of water treatment plant, (2005-2008)
  10. Railroad spur ROW storm water permit violations, OK  – enforcement action by EPA Region 6 resulting  in Consent Order (2003-2004)
  11. Re-permitting two underground injection control non-hazardous wells including well-head protection survey, Tulsa, OK (2004-2005)
  12. Wood treating site- Negotiated Consent Order with EPA Region 4,NC, (2006)
  13. Gulf Nuclear Superfund Site – represented PRP for group allocation of costs, TX (2006-2008)
  14.  CAFO fish kills - Negotiated EPA Region 6 Consent Decrees/Penalties, OK, (2004-2005)
  15. Barite Mine Site - Bay of Camamu, Bahia, Brazil-regulatory mine site risk-based closure and reclamation (2008 - Present)
  16.  Wood products company air permit violations – Negotiated DOJ/EPA Region 6 Consent Decree, OK (2006-2008)
  17. Lower Roanoke River Superfund Site – support for dioxin impacts to sediment clean-up activities, VA (2007-2008)
  18. Hudson Refinery Superfund Site – supported  remedial activities under UAO  issued by EPA Region 6 (2009-2015)
  19. Kalamazoo River Superfund Site – PCB impacts to river system-negotiated consent decree with DOJ/EPA Region 7, MI (2008)
  20. CKD landfill closures, support for three sites involving CKD surface and groundwater issues, WA, (1995-2012)
  21. Support involving negotiations of purchase agreement for sale of former RCRA permitted cement property on Mississippi River-MO, (2013-2014)
  22. Perchlorate groundwater site-support regulatory activities with ODEQ, OK (2011 to present)

Publications

Mark Coldiron