Martin K. Banks

Marty Banks is a shareholder of Parr Browns’ environmental litigation practice group. His practice includes litigation in front of state courts (District Court, Court of Appeals and Supreme Court) as well as federal courts (District Court and Tenth Circuit) courts.  His environmental litigation practice also includes litigation in front of state administrative bodies (e.g., the Utah Air Quality Board and the Utah Board of Oil, Gas and Mining) and federal administrative bodies (e.g., the EPA Environmental Appeals Board and the Interior Board of Land Appeals).  He has broad experience litigating issues involving the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, and numerous other federal environmental statutes and programs.  Notably, he has extensive experience litigating under the federal Administrative Procedures Act. Marty also has extensive experience litigating other related environmental matters, including toxic tort matters, contaminated property issues, mining and natural resource matters, water right disputes and various land use issues.

Prior to joining Parr Brown Marty was a partner at Stoel Rives. He was also formerly a trial attorney at the U.S. Department of Justice (1991–1994), and an associate at White & Case (1989–1991).

Representative Environmental Litigation Work

Clean Air Act
• State of Utah v. EPA – Represented interveners before the Tenth Circuit in challenge to EPA’s disapproval of Regional Haze State Implementation Plan.
• Sierra Club v. Utah Division of Air Quality, PacifiCorp – Defended intervening public utility in connection with a citizen suit challenge to an air permit issued by Utah DAQ under the Utah Air Conservation Act.
• EPA v. Bogue Diesel – Represented diesel service company in connection with civil and criminal allegations relating to alleged violations of the CAA in connection with the marketing and installation of emission control devices.
• Utah Division of Air Quality – Coordinated permitting of expansion and ownership transfer of major electric generating facility.
• EPA v. Washakie Renewable Energy – Represented biofuel processor in connection with civil and criminal EPA enforcement matter under the CAA relating renewable energy credits.
• Utah Division of Air Quality v. Geneva Rock – Defended sand and gravel operator in connection with enforcement actions relating to alleged violations of air quality regulations.
• Utah Division of Air Quality v. Sunroc – Defended aggregate operator in connection with alleged violations of air quality regulations and associated air permit modifications.

Clean Water Act (and Wetlands)
• Phillips v. Army Corps of Engineers/EPA – Representing property owners in action against Army Corps of Engineers, asserting APA and CWA violations in connection with Corps and EPA’s approved jurisdictional determination.
• Friends of Great Salt Lake v. Utah Division of Water Quality – Defended industrial metal manufacturer against civil claims by NGOs pertaining to permitting and discharges.
• EPA v. Village Cleaners – Represented owner and operator of large chain of dry cleaner facilities in connection with civil claims relating to alleged groundwater contamination.
• Sierra Club v. BLM – Defended Intervenor PacifiCorp before U.S. 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 CWA wetland permitting and fill 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.
• EPA v. Property Owners – Defended EPA against counterclaims in various CERCLA and RCRA actions across several states.
• Henricksons v. EBCo – Obtained dismissals of several defendants, and favorable settlements in CERCLA, RCRA and ground water toxic tort claims.
• Various 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.
• Stevens v. EBCo – Defended CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating groundwater contamination.
• Diamond Parking v. ANR Trucking – Represented owner and operator of airport parking lot in asserting CERCLA, RCRA and common law claims against prior owners and operators for historic unremediated environmental contamination.

NEPA
• Wildlands Defense v. 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.
• Snowbird v. United States – Represented Snowbird Ski Resort in a successful Mandamus Act matter forcing U.S. Forest Service to issue special permit for expansion of ski resort.
• Save Our Canyons v. Snowbird and U.S. Forest Service – Defended challenges to various ski resort expansion projects (lifts, boundary expansions, buildings, etc.) at the administrative, federal district court and federal appellate court levels (including Tenth Circuit).
• 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.).
• 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.

Toxic Torts
• Bertaut v. U.S. Department of Health – Led trial team defending federal Centers for Disease Control and Prevention in toxic tort claims relating to vaccinations, resulting in finding of no liability.
• Williams v. SGL – Defended industrial manufacturer against toxic tort claims for personal injury relating to alleged exposure to air toxins.
• 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 RCRA enforcement action involving state and federal environmental 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
• 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.
• 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

Environmental Land Use
• Living Rivers v. Enefit – Represent intervenor oil shale developer against challenges to BLM grant of easement for a utility corridor to access proposed energy project.
• Williams v. Carbon Fiber Manufacturer – Defended manufacturer against claims relating to alleged exposure to purported toxic indoor air contamination in the workplace.
• Ron Case v. Salt Lake County – Successfully blocked variances to zoning restrictions in rural/agricultural area.

Marty Banks is a shareholder in Parr Brown’s environmental practice group.  His practice includes guiding clients through the investigation, cleanup, transfer and re-use of contaminated properties, the allocation of environmental risks in real estate and business transaction, and the redevelopment of environmentally impaired brownfields.  He also assists clients with the environmental aspects of energy and mining projects, and the transfer of water rights, air emission credits and wetland bank credits.

His practice also includes cost-effective environmental regulatory compliance and permitting, involving the Clean Water Act (CWA), the Clean Air Act (CAA), the Solid and Hazardous Waste Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Emergency Planning and Community Right-To-Know Act (EPCRA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Safe Drinking Water Act (SDWA), the Federal Land Policy and Management Act (FLPMA), the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Administrative Procedures Act (APA), and associated environmental liability and enforcement issues.

Marty’s environmental litigation practice includes environmental and natural resource matters, and real estate and land use issues (including public land use).  His environmental litigation matters are in front of state courts (District Courts, Courts of Appeal and the Supreme Court), federal courts (District and Circuit Courts), and state administrative bodies (e.g., the Utah Air Quality Board, the Utah Water Quality Board, the Utah Board of Oil, Gas and Mining, etc.) and federal administrative bodies (e.g., the EPA, the Environmental Appeals Board, the BLM, the Interior Board of Land Appeals, the Forest Service, etc.).  He has broad experience litigating issues involving the Clean Air Act (CAA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), the Endangered Species Act (ESA), the Safe Drinking Water Act (SDWA), the Administrative Procedures Act (APA), and numerous other federal and state environmental statutes and programs.  Marty also has extensive experience litigating other related environmental matters, including toxic tort cases, contaminated property issues, mining and natural resource matters, water right disputes and various related land use issues.

Prior to joining Parr Brown Marty was a partner at Stoel Rives (1995-2022). He was also formerly a trial attorney at the U.S. Department of Justice (1991-94), and an associate at White & Case (1989-91).  Prior to attending law school, he was a CPA with Arthur Andersen.

Cleanup & Transfer of Environmentally Contaminated Properties, Brownfield Redevelopment, Voluntary Cleanup Programs (including CERCLA & RCRA Cleanups, and Above-Ground Storage Tank (AST) & Underground Storage Tanks (UST) Remediation)

• Utah Department of Environmental Quality & Stag Industrial – Assisted large industrial warehouse developer with environmental due diligence relating to purchase of contaminated property and obtained clean closure and environmental written assurance liability protections.
• Commercial Ranch Operator – Represented large commercial cattle ranch in connection with investigation into the nature and extent of environmental contamination from tenant’s operations which included extensive environmental releases into of soil and groundwater from mining and mineral processing, and assisted with associated mitigation and remediation activities.
• Utah Department of Environmental Quality & Chemical Manufacturer – Assisted operator of large chemical manufacturing facility with the closure of its operations, investigation and remediation of site conditions, and negotiations of closure and environmental releases.
• Environmental Protection Agency (EPA) & Utah Department of Environmental Quality – 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.
• Utah Department of Environmental Quality & Red Hangar Dry Cleaners – Represented dry cleaner chain in connection with environmental due diligence and transactional protections in acquiring portfolio of previously contaminated (perc) sites.
• EPA v. Ekotek – Represented multiple major potentially responsible parties in the first and largest CERCLA Superfund site established in Utah (the Ekotek site), and in that effort played a leading role on the PRP Committee during the several years of environmental litigation.
• Utah Department of Environmental Quality & Henrie’s Dry Cleaners – Represented dry cleaner chain in connection with environmental investigation and closure of various historically contaminated (perc) sites.
• EPA v. Property Owners – Defended EPA against counterclaims in various CERCLA and RCRA actions across several states.
• Utah Department of Environmental Quality & Cottonwood Residential – Represented large residential developer with environmental due diligence for purchase of previously contaminated sites, and clean closure, no further action letters and enforceable written assurances.
• Henricksons v. EBCo – Obtained dismissals of several defendants, and favorable settlements in CERCLA, RCRA and ground water environmental toxic tort claims.
• Adjacent Property Owner Claims – Assisted large manufacturing client manage historical chemical releases and off-site soil and groundwater mitigation for adjacent property owners.
• Utah Department of Environmental Quality & Strip Mall Owner – Represented purchaser of strip mall in connection with environmental due diligence, investigation and cleanup of historical contamination from a previous tenant.
• Stevens v. EBCo – Defended CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating environmental contamination.
• Diamond Parking v. ANR Trucking – Represented owner and operator of airport parking lot in asserting CERCLA, RCRA and common law claims against prior owners and operators for historic environmental contamination.
• Utah Department of Environmental Quality & Property Owner – Represented owner of undeveloped commercial property downgradient from industrial chemical discharge site, assisting with environmental due diligence (review of Phase 1 and Phase II environmental report), seeking no further action letter protections and enforceable written assurances.

Clean Water Act (CWA), Wetlands and Water Rights

• U.S. Army Corps of Engineers & Property Owner – Assisted agricultural property owner in negotiating Army Corp environmental claims of wetlands and appropriate mitigation.
• Micron Technology & Water Conservancy District – Represented Micron Technology in connection with fabrication facility’s stormwater discharge permitting, environmental impacts, and associated easements.
• Phillips v. U.S. Army Corps of Engineers/Environmental Protection Agency – Represented property owners in action against Army Corps of Engineers, asserting APA and CWA violations in connection with Corps and EPA’s approved jurisdictional determination.
• Utah DNR (Division of Natural Resources) & Large Commercial Livestock Ranch – Assisted large ranch operator in obtaining approvals for new stock watering ponds, dams and associated permitting and water rights.
• Friends of Great Salt Lake v. Utah Department of Environmental Quality, Division of Water Quality – Assisted industrial metal manufacturer with UPDES permitting, environmental impacts and the subsequent appeal of the permit.
• Environmental Protection Agency v. Village Cleaners – Represented owner of large chain of dry cleaner facilities in connection with EPA civil claims relating to alleged environmental groundwater contamination.
• Sierra Club v. BLM – Defended Intervenor PacifiCorp before U.S. 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 CWA wetland permitting action and related environmental issues.
• Agribusiness v. Army Corps of Engineers – Represented agricultural property owner with wetland permitting and enforcement matter.

Clean Air Act (CAA)

• State of Utah v. Environmental Protection Agency – Represented intervenors before the Tenth Circuit in challenge to EPA’s disapproval of Regional Haze State Implementation Plan.
• Sierra Club v. Utah Division of Air Quality, PacifiCorp – Defended intervening public utility in connection with a citizen suit environmental challenge to an air permit issued by Utah DAQ under the Utah Air Conservation Act.
• Environmental Protection Agency v. Bogues Diesel – Represented diesel service company in connection with EPA civil and criminal allegations relating to alleged violations of the CAA in connection with the marketing and installation of emission control tampering devices.
• Utah Department of Environmental Quality, Division of Air Quality – Coordinated permitting of expansion and ownership transfer of major electric generating facility.
• Environmental Protection Agency v. Washakie Renewable Energy – Represented biofuel processor in connection with EPA civil and criminal environmental enforcement matter under the CAA relating renewable energy credits.
• Utah Division of Air Quality v. Geneva Rock – Defended sand and gravel operator in connection with enforcement actions relating to alleged violations of air quality regulations.
• Utah Division of Air Quality v. Sunroc – Defended aggregate operator in connection with alleged violations of environmental regulations and associated air permit modifications.

Solid & Hazardous Waste (RCRA)

• Red Leaf Resources – Represented large oil shale developer in connection with RCRA permitting and compliance issues relating to its processing of shale product, byproduct, and waste materials.
• Metro Recycling – Assisted large recycler with environmental permitting and compliance issues relating to a variety of RCRA solid and hazardous wastes.
• Utah Department of Environmental Quality v. Reilly – Represented chemical manufacturer in RCRA enforcement action involving state and federal environmental regulators.
• Silicon Chip Manufacturer – Assisted large silicon chip manufacturer in connection with RCRA permitting and handling of various waste, non-waste and recycled materials.
• Ore Design – Represented metal fabricator with environmental registration, permitting and compliance issues relating to its processing and use of RCRA solid and hazardous wastes.

National Environmental Policy Act (NEPA)

• PacifiCorp & BLM – Assisted public utility with NEPA and associated conservation mitigation matters including greater sage grouse and lands with wilderness characteristics issues related to its extensive Gateway South transmission line through Wyoming, Colorado and Utah.
• Wildlands Defense v. BLM, PacifiCorp, Idaho Power – Represented 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.
• Snowbird v. United States – Represented Snowbird Ski Resort in a successful Mandamus Act matter forcing U.S. Forest Service to issue special permit for expansion of ski resort.
• Save Our Canyons v. Snowbird and U.S. Forest Service – Successfully defended environmental challenges to various ski resort expansion projects (lifts, boundaries, buildings, etc.) at the administrative, federal district court and federal appellate court levels (including Tenth Circuit).
• Living Rivers, Sierra Club, et al. v. BLM and FWS – Assisted intervenor oil shale developer in connection with NEPA environmental review for BLM easement for utility corridor to access proposed energy project, and defended subsequent challenges to the NEPA review and grant.

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 initial environmental clearances under Utah Voluntary Cleanup Program.

Safe Drinking Water Act (SDWA)

• Utah Department of Environmental Quality, 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.
• Uintah County Ordinance and Conditional Use Permit – Assisted mineral lessee with County’s development of Drinking Water Protection Ordinance, and obtained mining and conditional use permits for exploratory activities.

Toxic Torts

• Bertaut v. U.S. Department of Health – Led trial team defending federal Centers for Disease Control and Prevention in toxic tort claims relating to vaccinations, resulting in finding of no liability.
• Williams v. SGL – Defended industrial manufacturer against environmental toxic tort claims for personal injury relating to alleged exposure to air toxins.
• Nemelka v. Ensign-Bickford – Represented large chemical manufacturer against personal injury and property damage claims relating to purported exposure to chemicals seeping into ground and travelling downstream via groundwater.

Environmental Land Use

• Living Rivers v. Enefit – Represented intervenor oil shale developer against challenges to BLM grant of easement for a utility corridor to access proposed energy project.
• Williams v. Carbon Fiber Manufacturer – Assisted manufacturer against claims relating to alleged exposure to purported environmental toxic indoor air contamination in the workplace.
• Ron Case v. Salt Lake County – Successfully blocked variances to zoning restrictions in rural/agricultural area.