Mr. Myers provides seasoned and effective representation to clients in energy, natural resources, and public land law. He draws from a depth of experience including his service as the Solicitor of the U.S. Department of the Interior.
As Solicitor, Mr. Myers was the chief legal officer and third-ranking official in the Department. He supervised an office of more than 300 attorneys in 19 locations nationwide. He advised the Secretary and other officials on appellate and trial matters as well as policy and administrative issues. He also worked closely with the Department of Justice and other federal agencies. Interior's jurisdiction covers approximately 20 percent of nation's surface estate and a significant amount of the nation's minerals.
|Federal Court Litigation|
Defended natural gas pipeline company’s $3.5 billion project in two circuit courts of appeals and successfully opposed five emergency motions to stay construction.
Defended natural gas pipeline company’s $450 million looping project in the eastern United States. Emergency motions were defeated and litigation on the merits in the circuit court of appeals continues.
Lead counsel in successful litigation against the United States Forest Service in federal district court over failure to abide by the Federal Advisory Committee Act.
Lead counsel representing multiple plaintiffs in litigation against the Forest Service over NEPA violations related to bighorn sheep management.
Local counsel to the states of Wyoming and Colorado engaged in multiple animal species litigation in federal district court. Species include sage-grouse, grizzly bears, and pygmy rabbits.
Lead counsel successfully defending corporate permittee in administrative litigation in the Department of the Interior.
Lead counsel for multiple plaintiffs in litigation against the United States arising from the Federal Tort Claims Act and Quiet Title Act associated with Fish & Wildlife Service and Bureau of Indian Affairs projects.
|Public Lands and Permitting|
Assisted wind energy companies with BLM and FWS permitting in three states for construction of utility-scale wind energy and solar facilities.
Helped pipeline clients obtain FERC, BLM, Forest Service, ACHP, FWS, DOD, and other federal permits for construction of brownfield and greenfield projects in six states.
Negotiated Forest Service and National Park Service permit renewals for Wyoming and Idaho outfitters and guides.
Representation of numerous ranches and ranching trade associations in grazing permit matters on BLM and Forest Service lands.
Representation of state highway department in exchange of lands with National Park Service to simultaneously allow highway improvements and improve federal/state recreational facilities.
|Regulatory and Legislative Affairs|
Testified before the House Natural Resource Committee on the legality of the Administration’s Wild Lands proposals.
Advised state legislators from Idaho, Utah, and Wyoming on gray wolf recovery and de-listing under the Endangered Species Act.
Assisted outfitters with compliance with state and federal permitting requirements related to operation of lodge facilities and guided hunting and fishing.
Testified before the Idaho House and Senate committees on natural resources regarding sage-grouse litigation and the ESA listing process.
Represented solar energy developer and lender on siting of separate projects on tribal lands.
Negotiated renewal of more than 800 miles of natural gas and oil pipeline rights of way across tribal lands.
Advised pipeline client on compliance with Native American Graves Protection and Repatriation Act.
- The Best Lawyers in America© Lawyer of the Year, Litigation – Environmental - Boise (2013)
- The Best Lawyers in America© (2007-2015)
- Mountain States Super Lawyers®, Energy & Resources (2008-2014)
- Chambers USA: America's Leading Lawyers for Business, Natural Resources and Environmental Law
- Mr. Myers has been appointed to represent the renewable energy industry on Idaho Governor Butch Otter's Sage-Grouse Task Force.
- Since 2008, Mr. Myers has represented the Idaho State Bar as its Trustee to the Rocky Mountain Mineral Law Foundation.
- He also chaired the Federal Lands Task Force Working Group, chartered by the Idaho State Board of Land Commissioners to promote improved management of federal lands in Idaho.
- Mr. Myers served as Vice Chairman of the American Bar Association Committee on Public Lands under the Section of Environment, Energy and Resources.
Along the Trammeled Road to Wilderness Policy on Federal Lands
Co-author, 56 Rocky Mountain Mineral Law Institute 15-1 (35), 2010
The Department of the Interior’s Role in National Emergencies
ABA National Resources and the Environment Magazine, 2002
Reforming the American Civil Justice System
Georgetown Journal of Legal Ethics, 1992
Sage-Grouse, Siting, & Strategies
American Wind Energy Project Siting Seminar
Separation Anxiety – Trends in Cumulative Impact Analysis
Southern Gas Association Conference
San Antonio, TX
Pipeline Projects: From Certification to Acquisition
Panelist, American Law Institute CLE
Idaho's Wildfires: Fighting the Impacts of Fires and Climate Change
December 3, 2013
Are We There Yet? Strategies for Delisting Species
American Farm Bureau Federation Conference
Wildlife Mitigation Strategies: Avoid Project Delays
American Wind Energy Ass’n Project Siting Seminar
How to Get Facilities Placed: Overcoming Siting Challenges
CLE International, Telecommunications Law Seminar