Martin K. Banks

Shareholder

Direct: 801.257.7936
Email:
Martin K. Banks | Attorney | Parr Brown
EDUCATION
  • 1989, J.D. Order of the Coif, George Washington University National Law Center, George Washington Journal of International Law

  • 1985, B.A., cum laude, Brigham Young University

BAR ADMISSIONS
  • 1989Utah

  • 1990District of Columbia

Martin K. Banks

Shareholder

Direct: 801.257.7936
Email:

Martin Banks is a shareholder of Parr Browns’ Environmental Law practice group and Litigation practice group. His environmental practice includes counseling clients in cost-effective regulatory compliance and permitting strategies. He has broad experience with issues involving the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Administrative Procedures Act and the clean-up and transfer of contaminated properties. Martin’s business litigation practice includes environmental and natural resource matters, real estate and land use issues (including public land use), construction disputes and OSHA matters.

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 Work

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.
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.

Representative Litigation
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.
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.
Henricksons v. EBCo – Obtained dismissals of several defendants, and favorable settlements in ground water toxic tort claims.
Utah Department of Environmental Quality v. Reilly – Represented chemical manufacturer in enforcement action involving state and federal environmental regulators.
Stevens v. EBCo – Defended CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating groundwater contamination.
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.
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.
Diamond Parking v. ANR Trucking – Represented owner and operator of airport parking lot in asserting claims against prior owners and operators for historic unremediated environmental contamination.
Williams v. Carbon Fiber Manufacturer – Defended manufacturer against claims relating to alleged exposure to purported toxic indoor air contamination in the workplace.
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.
Oakwood v. Sundrider – Tried telecommunications contract dispute before jury trial.
Ron Case v. Salt Lake County – Successfully blocked variances to zoning restrictions in rural/agricultural area.

Representative OSHA Matters
OSHA v. SGL Carbon Fiber – Represented carbon fiber manufacturer in connection with OSHA incident investigation and associated citations.
OSHA v. USMag – Defended client against multiple citations in connection with an industrial accident and in connection with an extensive NEP inspection.
OSHA v. ATI Titanium – Assisted heavy manufacturing plant with incident investigation and citations.
OSHA v. Longview Fibre – Represented paper manufacturing facility in connection with whistle-blower allegations, accident investigation and associated citations.
OSHA/CSB v. Silver Eagle – Assisted client in facilitating OSHA and CSB inspections relating to refinery explosion and associated incident and NEP inspection, and defended resulting citations.
OSHA v. Flying-J (Big West Oil) – Represented petroleum refinery in connection with a Petroleum Refinery NEP investigation, and assisted in its contest of the associated citations.
OSHA v. Silver Eagle – Represented client in OSHA inspection surrounding refinery fire and defended and negotiated associated violations.
OSHA v. Holly Refining – Assisted as local counsel in defending violations associated with NEP refinery inspection.
OSHA v. Chevron – Defended refinery in enforcement action relating to violations resulting from electrical and workplace inspection.
OSHA v. Delta Air Lines – Represented client in connection with OSHA citations relating to equipment maintenance procedures.
OSHA v. The Ensign-Bickford Company – Contested OSHA citations pertaining to the decommissioning of an explosives manufacturing facility and associated employee death and injuries.
OSHA v. PacifiCorp – Assisted client in citations related to alleged exposure to toxic materials.
OSHA v. Delta Air Lines – Defended client in connection with OSHA citations relating to baggage handling equipment and associated employee injuries.
Union Pacific v. PSC, Kennecott, et al – Defended shipper of waste chemicals in connection with catastrophic release from railcar near Interstate and residential development.

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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 at Parr Brown, and is active in the firm’ occupational safety and heath practice. Marty advises clients on a broad variety of issues relating to occupational safety and health matters. His practice includes assisting industrial, commercial and construction clients in connection with handling OSHA inspections, defending OSHA citations, assisting with industrial accidents, counseling on OSHA compliance programs, and advising on cost-effective regulatory compliance requirements. Marty’s OSHA practice includes assisting clients in both federal OSHA matters and in state-delegated OSHA matters.

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 OSHA Legal Matters
OSHA v. Delta Air Lines – Defended client in connection with OSHA citations relating to baggage handling equipment, and associated employee injuries.
• OSHA v. US Magnesium – Represented client against multiple citations in connection with an industrial accident and an extensive NEP inspection.
• OSHA (federal) v. Hard Rock Construction – Assisted pipeline construction company in connection with a fatal industrial accident, involving allegations of inadequate trenching safeguards.
• OSHA v. Micron Technology – Advised computer chip manufacturer in connection with OSHA incident reporting requirements.
• OSHA v. Walmart, Inc. – Assisted large retailer in connection with citations pertaining to COVID mask standards, lockout/tagout and safeguarding.
• OSHA v. Chevron – Defended oil refinery in enforcement action relating to violations resulting from electrical equipment.
• OSHA v. Utility Trailer Manufacturing – Represented national long-haul trailer manufacturer in connection with citations alleging violations relating to production processes.
• OSHA v. Chicago Bridge – Contested OSHA citation alleging violations of standards pertaining to welding equipment and welding practices.
• OSHA v. Delta Air Lines – Represented client in connection with OSHA citations relating to equipment inspection and maintenance procedures.
• OSHA (federal) v. Vigil Industrial Protection – Defended large building envelope contractor against allegations pertaining to modified equipment and training.
• OSHA v. SGL Carbon Fiber – Represented carbon fiber manufacturer in connection with incident investigation and alleged air toxin exposures.
• OSHA v. ATI Titanium – Assisted heavy metals manufacturing plant with incident investigation and citations.
• OSHA v. Longview Fibre – Represented packaging paper manufacturing facility in connection with whistle-blower allegations, accident investigation and associated citations.
• OSHA v. US Magnesium – Defended large industrial metals refiner in connection with citations issued under the General Duty Clause.
• OSHA (federal) v. Design Robotics – Contested citations issued to high-tech equipment design company in connection with injury recording requirements.
• OSHA/Chemical Safety Board (CSB) v. Silver Eagle – Assisted client in facilitating OSHA and CSB inspections relating to refinery explosion and associated incident and NEP inspection, and defended resulting citations.
• OSHA v. Flying-J (Big West Oil) – Represented petroleum refinery in connection with a Petroleum Refinery National Emphasis Program (NEP) investigation, and assisted in its contest of the associated citations.
• OSHA v. Holly Refining – Assisted as local counsel in defending violations associated with NEP refinery inspection.
• OSHA v. The Ensign-Bickford Company – Contested OSHA citations pertaining to the decommissioning of an explosives manufacturing facility and associated employee fatality and other employee injuries.
• OSHA v. Sun Products Corp – Defended large detergent manufacturer in connection with citations relating to production processes, training and supervision.
• OSHA (federal) v. Novo Brazil Brewing – Represented commercial brewing operation in contesting a citation and allegations relating to operation of aerial lifts.
• OSHA v. US Magnesium – Assisted client with the initial inspection and investigation of alleged violations of the Process Safety Management standard, and the subsequent negotiation and resolution of associated citations.
• OSHA v. DG Construction – Represented commercial construction company against citations pertaining to walking spaces, aerial lifts and stairways.
• OSHA v. Flynn BEC LP – Assisted large industrial contractor in defending a citation involving allegations pertaining to independent contractors and multi-employer worksite.
• OSHA v. Silver Eagle – Represented client in OSHA inspection surrounding refinery fire and defended associated citations.