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Eric Waeckerlin

Partner

555 17th Street, Suite 3200, Denver, CO 80202

Eric Waeckerlin brings over a decade of experience representing clients throughout the country on complex environmental litigation, enforcement, and regulatory matters.

He has established a reputation as a nationally respected environmental lawyer, representing clients in major litigation in federal and state courts over critical air quality and other environmental issues affecting numerous industries. Clients turn to him for his deep understanding of their businesses and operations, and recognized expertise across a wide range of state and federal environmental regulatory programs. These include the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, National Environmental Policy Act, and all of their state equivalents. Eric also frequently represents oil and natural gas clients on a range of environmental and regulatory compliance issues before the Bureau of Land Management as well as state oil and gas conservation commissions. 

Eric is solution-oriented in his approach toward resolving complex, high-stakes environmental matters affecting permitting, project development, compliance, and enforcement. In addition to his litigation and administrative regulatory practice, he is often tapped to develop technical and legal comments on numerous state and federal regulatory initiatives, with a particular focus on Clean Air Act issues.

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Experience

  • Advises clients on a wide range of Clean Air Act issues affecting the energy industry, including development and compliance with federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Reasonably Available Control Technologies (RACT), and Maximum Achievable Control Technology (MACT) standards.
  • Represents national and regional trade associations in complex litigation challenging national air quality and waste conservation rules promulgated by the Environmental Protection Agency (EPA) and the Bureau of Land Management  (BLM).
  • Counsels clients on project development and permitting strategies under various federal and state minor and major source programs, including the Clean Air Act Title V and Prevention of Significant Deterioration (PSD) programs.
  • Advises and represents clients on a wide range of issues under the Resource Conservation and Recovery Act (RCRA), including related to the characterization, treatment, storage, disposal, and hazardous secondary material recycling of solid and hazardous wastes consistent with EPA’s Definition of Solid Waste rules and regulations.
  • Represents clients in responding to information requests, including under section 114 of the Clean Air Act, section 308 of the Clean Water Act, and section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
  • Counsels oil and gas clients on compliance with state and federal air quality regulations, including implementation of Colorado's new methane regulations and other greenhouse gas- and climate change-related regulations.
  • Advises clients affected by mobile source engine laws under Title II of the Clean Air Act, including related certification, import, export, and enforcement matters.
  • Counsels clients related to voluntary multi-media and air-quality audits, including self-disclosure under federal and state audit policy laws.
  • Counsel oil and gas clients on regulatory and compliance issues related to enhanced hydrocarbon recovery, including compliance with state water law requirements.
  • Counsels up- and mid-stream oil and gas sector clients on compliance and enforcement issues related to flares and flaring of natural gas.
  • Represented clients in criminal environmental matters.
  • Performs environmental due diligence on a range of transactional matters.
  • Represents clients before the U.S. Army Corps of Engineers and EPA in connection with compliance and enforcement matters under section 404 of the Clean Water Act.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • The Best Lawyers in America© Environmental Law, 2018-2019
  • Denver Business Journal, Who's Who in Energy, 2017

Professional and Civic Affiliations

  • American Bar Association
    Climate Change, Sustainable Development, and Ecosystems Committee, Vice Chair
    Superfund and Natural Resources Damages Litigation Committee, Vice Chair
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