Director

Mark has handled numerous matters under CERCLA, RCRA, CWA, CAA, pollution class actions, and energy matters. These projects have included CERCLA remedy litigation, energy litigation, defense of CERCLA contribution claims, defense of citizen suits under RCRA, CWA and CAA, arbitration of CERCLA cost contribution actions, both arbitration and litigation of natural gas storage migration claims, support for FERC and state proceedings of storage gas migration, defense of criminal violations under the CWA and SDWA, and various negotiated settlements. Effectively working alongside experts, project 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 and radioactive wastes. This work has involved negotiating numerous state and federal consent orders, responding to EPA CERCLA 103 requests, permit conditions, remediation plans and risk-based closures. His practice also encompasses sediment contamination, water quality, stormwater, groundwater and other water rights issues and participation in several Daubert hearings regarding experts.

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 Law
• Environmental Litigation
• Underground Gas Storage Litigation
• Energy and Complex Business Litigation

Professional Activities

• Oklahoma, Oklahoma County and American Bar Associations, Member
•  ABA’s Litigation Section and Natural Resources, Energy and Environmental Law Section
• Presented numerous papers on Superfund, RCRA, CWA, SDWA and oil and gas law

Significant Cases:

1. USA vs. Hardage (CERCLA remedy trial, W. Distr. OK) (1989)
2. DOJ vs. Government Contractor (Grand Jury work on Alleged CWA/RCRA Violations, W. Distr. OK) (Dismissed by DOJ) (1993)
3. Flour Daniel GTI vs. Zinc Corporation of America (Arbitration trial of construction claims) Tulsa, OK (1997)
4. Manke Lumber, et. al. vs. Weyerhaeuser (Arbitration trial of cost allocation for Wood Debris Group) Tacoma, WA (1999)
5. ENOGEX vs. COOG (Arbitration trial of underground storage contract claims) OKC, OK (2001)
6. PACE and Ponca Tribe vs. CCC (CWA citizen suit, W. Distr. OK) (settled) (2002)
7. PACE vs. CCC (RCRA and CAA citizen suits, W. Distr. OK) (settled) (2002)
8. City of Tulsa vs. Cobb-Vanness, et.al. (Northern Distr., OK - Pollution of municipal water supply lakes)    (settled) (2003)
9. Ponca Tribe v. CCC (Alleged pollution from plant –W. Distr. OK) (settled) (2005)
10. City of Ponca City vs. CCC (Large multi-party pollution case in State Court) (settled) (2005)
11. Ponca City Residents vs. CCC (500 plus multi-party lawsuit in State Court) (settled) (2007)
12. Arkema vs. Weyerhaeuser (Defense of cost recovery claims, trial, Federal Court) Tacoma, WA (2007)
13. Northern Natural Gas vs. L.D. Drilling, et. al. (Kansas Federal and State Court Litigation) (Includes FERC support, Appeals to 10th Circuit and KS Supr. Ct. for underground storage field claims to migrating gas) (2006 to present)
14. Northern Natural Gas vs. 9117.53 acres in Pratt, Kingman and Reno Counties, KS (Condemnation action pending in Federal Court, Distr. KS) (2010)

Significant Environmental Matters:

1. Hardage-Criner Superfund Site - OK (Remedy development)
2. CWA Alleged Violations at Air Force Base - OK (Wastewater treatment plant)
3. City of Tulsa-Pollution to lake from chicken industry - OK (Technical development for litigation) (2003-2006)
4. Barite Mine Site - AR (Negotiation for and construction of water treatment plant)
5. Zinc Corp. of America – RCRA closure of Zinc Smelter - OK (1992-2003)
6. Allied Refinery Closure - OK (RCRA landfills) (1990’s)
7. Wattenburg Gathering System – NW CO (Negotiated multi-compressor station groundwater remedial order with CO Oil and Gas Commission) (Mid. 90's)
8. Zinc Corp. of America - Zinc smelter site closure - IL. (Construction of water treatment plant) (1993-2001)\
9. CKD Landfill closures – WA (Negotiations with King County and Ecology on landfills near Seattle and Spokane) (2000– present)
10. Gulf Nuclear Superfund Site - TX (2005-2006)
11. Two fish kills on S. Canadian River from CAFO-OK (Negotiated EPA Consent Decrees/Penalties) (2004)
12. Barite Mine Site - Bay of Camamu, Brazil (2008 - Present)
13. Wood Products Air Permit Violations – OK (Negotiated DOJ/EPA Consent Decree) (2006)
14. Hudson Refinery Superfund Site - OK (2009 - Present)
15. Duncan Refinery Superfund Site - OK (Mediated PRP cost sharing) (2009)
16. Kalamazoo River Superfund Site - MI (DOJ/EPA) (Consent Decree) (2008)
17. Hylebos Waterway Superfund Site - WA (Environmental natural resource damages and litigation support) (1998-2009)
18. Lower Roanoke River Superfund Site - VA (DOJ/EPA Consent Decree) (2007)

Publications

• Preserving Claims to Recoup Response Costs During Brownfields Redevelopment—Part I, 22 A.B.A. Sec. Litig., The Envtl. Litigator 3 (Fall 2010) (coauthored with Ivan London)

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