Profile
Chris Neumann is a Co-Chair of the firm’s Environmental Practice. He counsels clients in the natural gas, petroleum, mining, solid and hazardous waste, and other industries on a wide variety of litigation, environmental, mining, and real estate matters.
Chris represents clients in connection with internal investigations and emergency response following spills, pipe failures and other environmental incidents. He also defends clients in connection with civil, criminal, and administrative environmental enforcement by USEPA, states, tribes, local governments and citizen groups. Chris has advised clients on litigation and enforcement matters, as well as related auditing and compliance matters, under the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Uranium Mill Tailings Radiation Control Act (UMTRCA), Emergency Planning and Community Right to Know Act (EPCRA), Toxic Substances Control Act (TSCA), Occupational Safety and Health Act (OSHA), Mine Safety and Health Act (MSHA), and numerous other federal, state and tribal laws. Additionally, Chris assists clients in efforts to obtain land use approvals and in efforts to resolve environmental concerns in complex business transactions and real estate acquisitions.
Chris is a trial lawyer and represents clients in complex trials, arbitration proceedings and mediations. He also represents clients in connection with evidentiary hearings and rulemaking proceedings before federal, state and tribal agencies including matters pending before the USEPA, the Colorado Air Quality Control Commission, the Colorado Energy & Carbon Management Commission, the Colorado Water Quality Control Commission, the Colorado Mined Land Reclamation Board, and the Colorado Public Utilities Commission.
Concentrations
- Internal investigations of and response to environmental incidents
- Defense of civil, criminal and administrative environmental enforcement matters
- Environmental Management System and audit program development and implementation matters
- Superfund and other complex environmental litigation
- Commercial litigation involving oil and gas, mining, construction and engineering matters
- Real estate acquisition and environmental aspects of business transactions
- Environmental compliance, permitting and rulemaking matters
- Mine permitting, reclamation, transactional, and finance matters
- Environmental policy and governmental affairs matters
- Global Energy & Infrastructure
- Strategies for drafting and mitigating litigation risk in Environmental, Social, Governance Disclosures
- Land development
Capabilities
Experience
- Represented various midstream pipeline and produced water gathering, treatment and disposal companies in connection with internal investigations and response to enforcement relating to spills of produced water and crude oil.
- Represented midstream pipeline company in connection with enforcement relating to spill of over 26,000 barrels of produced water in North Dakota, resolved by administrative order on consent requiring payment of $49,000 civil penalty, performing a SEP involving delivery of emergency response equipment to local responders valued at $173,000, and steps to remediate spill. In the Matter of Crestwood Equity Partners, L.P., U.S. EPA Docket Nos. CWA-08-2017-0011 and CWA-08-2018-0002.
- Represented natural gas producer in the Marcellus Shale in West Virginia in connection with EPA civil enforcement action pursuant to Section 404 of the CWA resolved by consent decree requiring payment of a $3.15 million civil penalty, restoration activities and implementation of a compliance program. U.S. v. Antero Resources Corporation, No. 1:19-cv-00020 (N.D.W.Va.).
- Represented natural gas producer in the Marcellus Shale in West Virginia in connection with EPA civil and criminal enforcement action pursuant to Section 404 of the CWA relating to construction of well pads and farm ponds, resolved by consent decree requiring payment of a $3 million civil penalty, restoration activities and implementation of a compliance program, plea agreement for misdemeanor negligent violations of the CWA requiring payment of a $600,000 criminal penalty, and administrative agreement addressing debarment matters. U.S. v. Trans Energy, Inc., No. 5:14-CV-00117, No. 5:14-CR-00043-001 (N.D.W. Va.).
- Represented natural gas producer in the Marcellus Shale in West Virginia in connection with U.S. Army Corps of Engineers Section 404 permitting and compliance matters relating to well pad and pipeline construction.
- Represented numerous retail, casino and residential clients in connection with CWA permitting and enforcement arising from construction dewatering and remediation discharges.
- Represented a national retail developer on nationwide CWA Storm Water Program compliance and enforcement matters, including defense of a nine state, 24-site national enforcement action by U.S. EPA which was ultimately resolved by consent decree requiring payment of $3.1 million civil penalty and performance of $250,000 supplemental environmental project.
- Represented a national home builder, a national aggregate firm and a Colorado highway contractor on CWA and Colorado Storm Water Program compliance and enforcement matters.
- Represented petroleum company in connection with CWA wetlands and other federal, state and local permitting matters for 150-mile pipeline delivering gasoline, diesel and jet fuel from Kenova, West Virginia to Columbus, Ohio.
- Represented petroleum company in connection with CWA release reporting and wetlands matters at oil refinery located in Wyoming.
- Represented produced water gathering and disposal companies in connection with oil and gas ozone rulemaking proceedings in Colorado and New Mexico.
- Represented produced water gathering and disposal company in connection with TENORM waste rulemaking proceedings in Colorado.
- Represented midstream oil and gas company in connection with litigation relating to sale of and alleged defects in assets in North Dakota.
- Represented railroad company in connection with litigation alleging mineral trespass by oil and gas producer in Colorado.
- Represented former owner of petroleum refinery in two and one half week arbitration of claims in excess of $100 million arising from alleged corrosion-related failure of buried pipe and subsequent release of petroleum product at refinery. Case settled on a confidential basis prior to final ruling.
- Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in appeal of 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 landmark litigation resulting in finding that Kansas oil and gas laws and regulations governing safety and environmental matters were preempted by Pipeline Safety Act and Natural Gas Act. Colorado Interstate Gas Co. v. Wright, No. 09-cv-4031 (D. Kan. 2009).
- 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 El Paso Natural Gas Co. in defense of a first of its kind Pipeline Safety Act enforcement matter stemming from an August 19, 2000 pipeline rupture near Carlsbad, New Mexico in which the company agreed to pay a $15.5 million penalty and to spend at least $86 million to implement modifications to its pipeline system. U.S. v. EPNG, No. 1:07-cv-715 (D.N.M. 2007).
- Represented hazardous waste company in RCRA citizen suit against U.S. EPA alleging non-discretionary duty claims arising from financial assurance and post-closure matters at a North Carolina facility.
- Represented hazardous waste company in connection with proposed development of hazardous waste landfill in the State of Utah.
- Represented company operating veterinary clinics in California and nationwide on pharmaceutical waste permitting, compliance and enforcement matters.
- 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 energy company in successful effort to obtain government investigation and remediation of sites impacted by uranium waste near former uranium mill and abandoned uranium mine sites through litigation seeking designation of uranium-impacted sites as “vicinity properties” under the Uranium Mill Tailings Radiation Control Act (“UMTRCA”), and corrective action under the Resource Conservation and Recovery Act (“RCRA”). EPNG v. U.S., 605 F. Supp. 2d 224 (D.D.C. 2009), aff’d, EPNG v. U.S., 632 F.3d 1272 (D.C. Cir. 2011); EPNG v. U.S., 847 F. Supp. 2d 111 (D.D.C. 2012), aff’d in part, vacated in part, and remanded, EPNG v. U.S., 750 F.3d 863 (D.C. Cir. 2014).
- Represented trade groups in connection with landmark settlement with the Navajo Nation regarding the implementation of newly enacted Navajo Nation Comprehensive Environmental Response, Compensation and Liability Act (“NNCERCLA”), or Navajo Superfund Law, including exclusion of petroleum or natural gas from any tariff implemented under the NNCERCLA, and various commitments regarding the scope of the NNCERCLA program.
- Represented metal plating firm in connection with Colorado solid and hazardous waste enforcement, permitting and compliance matters.
- Represented biofuels firm in defense of CERCLA Section 106 enforcement proceedings relating to spill of various bio fuels-related materials from facility in Adams County, Colorado. In the matter of Bio Energy of Colorado Site, U.S. EPA Docket No. CERCLA-08-2008-0010.
- Represented Brownfield developer in action seeking reimbursement for approximately $500,000 in cleanup costs relating to historic PCB and VOC contamination before the Illinois Pollution Control Board. 2222 Elston LLC v. Purex Industries, Inc., PCB No. 03-55 (Ill. Poll. Contr. Bd.).
- Represented national petroleum refiner in connection with litigation relating to RCRA post closure matters at refinery in Casper, Wyoming. Amoco Oil Co. v. EPA, 231 F.3d 694 (10th Cir. 2000).
- Represented various petroleum companies in connection with RCRA closure and post closure compliance matters at oil refineries in Wyoming, Missouri, Colorado, North Dakota and Montana.
- Represented mid-stream energy company in litigation arising from dispute over performance under engineering, procurement and construction (“EPC”) contract for a gas plant facility.
- Represented energy company in litigation arising from design and sales of allegedly off-spec pipeline valves.
- Represented engineering firm in litigation arising from personal injury allegedly caused by negligent supervision and construction activities on transportation project.
- Represented mining company in litigation arising from alleged failure of construction contractor to meet design specifications during project construction.
- Represented engineering firm in connection with negotiation of contract to design and build landfill facility.
- Represented various retail and energy clients in connection with drafting and negotiating construction and engineering contracts.
- Represented national wireless telecommunications firm in connection with national environmental audit examining compliance with EPCRA, CWA, CAA and RCRA pursuant to Audit Agreement with U.S. EPA.
- Represented various retail, aggregate and energy firms in connection with national environmental management system program development, self-audit and audit program disclosures, and auditing of Environmental, Social, Governance disclosures.
- Represented various clients in connection with diligence and consideration of lithium and other energy transition mining acquisitions or investments.
- Represented bond finance client in connection with mining and environmental diligence for financing of potash mine.
- Represented client in connection with diligence to qualify solar project on mine-scarred land for Brownfield site tax credit under Inflation Reduction Act.
- Represented Canadian mining company in connection with environmental diligence and acquisition of U.S. mining company with gold mine assets in Nevada and Washington.
- Represented aggregate mining company in connection with permitting and land use approvals for proposed gravel mine in Silverthorne, Colorado.
- Represented various mining companies in connection with mineral streaming agreements, royalty agreements, and other mineral finance matters.
- Represented various mining companies in connection with ESG disclosure matters, SEC mining disclosure rule matters, and other securities filing and disclosure matters.
- Represented energy company in connection with CERCLA Section 113 contribution action relating to alleged former ownership and operation of silver mine in southwest Colorado.
- Represented gold mining company in connection with permitting of gold mine and mill in City of Black Hawk and Central City, Colorado.
- Represented gold mining company in defense of CWA Section 404 wetlands enforcement action brought by U.S. EPA and the U.S. Army Corps of Engineers relating to alleged impacts to wetlands from road construction and site maintenance activities, and resolved by consent decree requiring payment of a $50,000 civil penalty and performance of certain restoration and mitigation activities. U.S. v. Varca Ventures, Inc., No. 1:16-cv-02008 (D. Colo.).
- Represented mining company in connection with National Historic Preservation Act and related federal, tribal and state permitting matters for proposed copper mine located in Arizona.
- Represented energy companies in CERCLA cost recovery lawsuit against the United States relating to the San Mateo Uranium Mine Superfund Site in New Mexico, resolved by consent decree requiring United States to reimburse response costs and to perform response actions totaling approximately 33% of total response costs. United Nuclear Corp. v. U.S., No. 1:15-cv-0411 (D.N.M.).
- Represented energy company in connection with EPA enforcement and CERCLA cost recovery matters relating to former uranium mines located in Arizona and operated as part of U.S. Atomic Energy Commission’s Domestic Uranium Procurement Program. Won first-of-its-kind summary judgment on CERCLA owner liability of United States as owner of Indian trust land on which uranium mining occurred. EPNG v. U.S., No. 3:14-cv-08165, 2017 WL 3492993 (D. Ariz. Aug. 15, 2017). Following two-week trial, won order from court allocating 35% of total response costs to the United States. EPNG v. U.S., No. CV14-8165, 2019 WL 2137265 (D. Ariz. May 16, 2019).
- Represented mining company in connection with federal, state and local permitting, enforcement and compliance matters for the May Day Idaho Mine Complex, a gold mine located in La Plata County, Colorado.
- Represented publicly-traded uranium mining company in connection with enforcement, permitting, compliance and remediation matters at in situ recovery uranium mining operations within and near the Navajo Reservation.
- Represented various companies in connection with mine permitting, environmental compliance, environmental diligence, and mineral title matters for gold, silver, copper, mercury, uranium, coal, clay and aggregate mines in Colorado, Nevada, California, New Mexico, Montana, Alabama, Mississippi, and Idaho.
- Represented trade group in connection with filing of amicus curiae brief to the Colorado Supreme Court in appeal of a proposed ban on the use of cyanide for heap leach mining by Summit County, Colorado. Colorado Mining Assoc. v. Board of County Comm’rs of Summit County, No. 07-SC-497 (2007).
- Represented butane transloading clients in connection with CAA Risk Management Plan compliance and enforcement matters.
- Represented produced water disposal and recycling clients in connection with CAA enforcement and compliance matters relating to emissions from impoundments and tanks.
- Represented automotive equipment and tool manufacturer in connection with CAA mobile source enforcement alleging manufacture and sale of defeat device.
- Represented national disaster response firm in connection with CAA Asbestos NESHAP program enforcement and compliance matters.
- Represented data center, telephone and wireless companies in connection with CAA construction, Title V, and other permitting and compliance matters for backup generators.
- 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 Colorado landfill operator in defense of Compliance Advisory alleging CAA Title V permitting and NSPS violations.
- 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 Colorado firm in connection with CAA Fuels Program enforcement case relating to the alleged unlawful blending or refining of various fuel products at a facility in Colorado. U.S. v. Aspen Petroleum Prods., Inc., No. 07-cv-02382 (D. Colo. Jan. 17, 2008).
- Represented petroleum company in connection with CAA permitting and compliance matters at oil refineries in North Dakota and Montana.
- Represented solar company in connection with environmental and permitting diligence for proposed acquisition of nearly 200 distributed solar assets in Colorado, California and Oregon.
- Represented home builder and brownfield developer in connection with obtaining approvals for PCB remediation in connection with the redevelopment of the former Asarco Globeville facility in Colorado.
- Represented commercial developer in connection with obtaining approvals for PCB remediation at Brownfield redevelopment in Chicago.
- Represented retail developer in connection with national environmental due diligence and real estate acquisition matters.
- Represented various casino developers in connection with environmental due diligence and acquisition of casino properties in Black Hawk and Cripple Creek, Colorado, and Las Vegas and Reno, Nevada.
- Represented various developers in connection with environmental due diligence an acquisition of commercial and residential properties in Colorado, including properties in the Union Station redevelopment, the River North (RiNo) District, Minturn, and Boulder.
- Represent various investors and producers in connection with environmental diligence and acquisition of oil and gas assets in Colorado and West Virginia.
- 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 Colorado Interstate Gas Co. and Wyoming Interstate Co. in connection with Public Service Company of Colorado and Black Hills/Colorado Electric Utility Company LP’s emission reduction plans prepared pursuant to HB 10-1365, the Clean Air — Clean Jobs Act. Docket Nos. 10M-245E, 10M-254E.
- Represented electric cooperative utility in effort to defeat four ballot initiatives proposed in 2010 before the Colorado Title Review Board which would have created air emission, renewable energy and other requirements and limitations.
- 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 retail developer in Colorado land use matters.
- Represented solid waste firms in obtaining major amendments to certificate of designation for solid waste disposal facility and conditional use permits for transfer station operations.
- Represented mining companies in connection with obtaining land use permitting and approvals in Colorado.
- Represented transit authority in connection with National Environmental Policy Act (“NEPA”) matters for expansion and improvement of transit system.
- Represented municipality in petition for review of agency action under NEPA alleging failure of Federal Aviation Administration (“FAA”) to consider alternatives in O’Hare Airport Fly Quiet Program.
Recognition & Leadership
- Listed, The Best Lawyers in America
- Construction Law, 2023-2025
- Environmental Law, 2023-2025
- Real Estate Law, 2024-2025
- Listed, Super Lawyers magazine, Southwest Super Lawyers, 2021
- Listed, Chambers USA Guide, 2007-2024
- Listed, The Legal 500 United States, 2014 and 2018-2024
- Environment - Litigation, 2014 and 2018-2024
- Environment - Regulatory, 2023-2024
- Environment - Transactional, 2023-2024
- Litigation - Product Liability and Mass Tort Defense - Toxic Tort, 2014
- Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
- Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
- Team Member, a U.S. News - Best Lawyers® "Government Relations Law Firm of the Year," 2014
- Recipient, "Environmental Connection Presenter of the Year," International Erosion Control Association, 2013
- American Marshall Memorial Fellowship, German Marshall Fund of the United States (2007)
- Member, Denver Metro Chamber Foundation, Leadership Denver Program (2006)
- Adjunct Professor, Hazardous Waste Law and Environmental Enforcement, University of Colorado School of Law (2005-2011)
- Certified Professional in Erosion and Sediment Control (CPESC)
- Gubernatorial Appointee, Chairman, Colorado Solid and Hazardous Waste Commission (2005-2016)
- Gubernatorial Appointee, Vice Chairman, Colorado Air Quality Control Commission (2004-2007)
- Member, Alumni Board of Directors, Lewis & Clark Law School (2007-2013)
- Private Pilot, Single Engine Land, Instrument Rating
- Member, Aircraft Owners and Pilots Association (AOPA)
Credentials
Education
-
J.D., Lewis & Clark Law School
- Certificate in Environmental and Natural Resources Law
- Associate Editor, Law Review
- Environmental Moot Court
- B.S., Engineering and Environmental Science (Civil Engineering), University of Notre Dame, 1995
Admissions
- Colorado
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the District of Columbia
Languages
- Spanish