John Martin

Representative Cases

• Gulf Restoration Network et al. v. Bernhardt et al., No. 18-1674 (RBW) (D.D.C. April 21, 2020); prevailed in NEPA action challenging oil & gas leasing in Gulf of Mexico.
• 350 Mont. et al. v. Bernhardt, et al., CV19-12-M-DWM (Molloy, J.) (D. Mont. Mar. 9, 2020); lead counsel in successful defense of mining company in NEPA litigation.
• In re: Appeal Amendment AM4, Western Energy Co., Rosebud Mine, No. BER-2016-03 SM (Bd. Envtl. Rev.) ( June 6, 2019); lead counsel in defense of challenge surface mining permit giving rise to four-day trial and culminating in Board decision affirming issuance of permit.
• In re Applications for Supplemental Environmental Impact Statement for Proposed NorthMet Project, A-18-1312, 1524, 1608 (Minn. Ct. App. May 28, 2019); lead counsel for state agency prevailing in consolidated challenge to decision advanced under state counterpart to NEPA.
• Mont. Envtl. Info. Ctr. v Dep’t of Envtl. Quality, 397 Mont. 161, 451 P.3d 493 (2019); argued on behalf of appellant mining company before the Montana Supreme Court which reversed adverse decision under Montana Water Quality Act.
• M.L. Johnson Family Properties, LLC v. Bernhardt and Premier Elkhorn Coal LLC, 924 F.3d 842 (6th Cir. 2019); lead counsel in successful defense of multiple claims under SMCRA before the Interior Department, the Eastern District of Kentucky, and, finally, in the Court of Appeals for the Sixth Circuit.
• Northern Plains Resource Council, Inc. v. U.S. BLM et al., No. 16-35447 (9th Cir. Feb. 27, 2018); successfully argued appeal of decision under National Environmental Policy Act on behalf of Montana coal company.  
• Mont. Envtl. Info. Ctr. v. U.S. Office of Surface Mining et al., CV 15-106-M-DWM (Molloy, J.) (D. Mont. Nov. 3, 2017); successfully argued to modify injunction issued under NEPA to allow continued mining during pendency of injunction.  
• Montana Env. Info. Ctr. v. Stone-Manning, 766 F.3d 1184 (9th Cir. 2014); Successfully argued on behalf of mining company to uphold state permitting decisions in an action brought under SMCRA.¹
• M.L. Johnson Family Properties, LLC et al. v. Premier Elkhorn Coal Co., No. 14-5867 (6th Cir. Oct. 31, 2014); obtained vacatur of district court’s preliminary injunction decision in Court of Appeals.
• Alaska Community Action on Toxics v. Aurora Energy Services, LLC, 940 F.Supp.2d 1005 (D. Alaska 2013), rev'd in part, 765 F.3d 1169 (9th Cir. 2014); defense of coal port concerning claims under the Clean Water Act.
• United States v. Brigham Oil & Gas L.P., 840 F. Supp. 2d 1202 (D.N.D. 2012); argued and won dismissal of criminal action under the Migratory Bird Treaty Act in a far-reaching decision rejecting strict liability enforcement of the MBTA for oil and gas operations.
• Biodiversity Conservation Alliance v. Clark, 608 F.3d 709 (10th Cir. 2010); lead counsel for group of oil and gas companies in successful defense of NEPA challenge to Resource Management Plan concerning coalbed natural gas development in Wyoming's Powder River Basin.
• Wyo. Outdoor Council v. Wyo. Dep't of Env. Quality, 225 P.3d 1054 (Wyo. 2010); represented industry intervenors in successful defense of state decision to reject petition.
• William F. West Ranch, LLC v. Tyrrell, 206 P.3d 722 (Wyo. 2009); represented industry intervenors in defense of case brought against state engineer regarding water use for oil and gas operations.
• Pennaco Energy, Inc. v. U.S. EPA, 692 F.Supp.2d 1297 (D.Wyo. 2009); lead counsel for a group of oil and gas companies in successful challenge to state water quality standards approved by EPA under the Clean Water Act. 
• Northern Cheyenne Tribe v. Norton, 503 F.3d 836 (9th Cir. 2007); argued on behalf of oil and gas companies in successful defense of challenge to BLM compliance with NEPA.
• American Petroleum Inst. v. Johnson, 541 F.Supp.2d 165 (D.D.C. 2008); argued on behalf of industry in successful challenge the extent of EPA's jurisdiction under Clean Water Act.
• United States ex rel. Costner v. URS Consultants, Inc., 317 F.3d 228 (8th Cir. 2003); lead counsel for contractor in successful defense at trial and appeal of action against contractor at Superfund site.
• United States v. Cello-Foil Products, Inc., 100 F.3d 1227 (6th Cir. 1996); lead counsel in successful defense of CERCLA action.
• Marathon Oil Co. v. Lujan, 937 F.2d 498 (10th Cir. 1991); successful litigation over oil shale claims under 1872 Mining Law.
• City of Waukesha v. EPA, 320 F.3d 228 (D.C. Cir. 2003); argued regulatory appeal of rulemaking under Safe Drinking Water Act.
• State of Ohio v. EPA, 838 F.2d 1325 (D.C. Cir. 1988); argued CERCLA regulatory matter.

Representative Matters

• Represent major oil & gas company in Gulf of Mexico regulatory compliance and related litigation.
• Represent Minnesota state agencies in permitting decisions for mine in northern Minnesota.
• Represent Montana coal mining companies in administrative proceedings under Montana mining statute.¹
• Conducted confidential investigation of purported environmental violation by Fortune 500 company. 
• Represented major oil companies before federal agencies concerning environmental regulatory issues arising from BP Macondo Oil Spill in the Gulf of Mexico for offshore oil and gas operations.
• Represented Texas municipality in NEPA challenge to locating of federal wildlife refuge where it would preclude source of municipal water.
• Defended and resolved some of the most significant enforcement actions brought by EPA against mining companies for permit violations alleged under the Clean Water Act (2007-2015).
• Resolved EPA action against oil and gas concern for spills and asserted violations of spill plan requirements under Clean Water Act (2005-2008).
• Defended chemical company against major administrative enforcement action under Resource Conservation & Recovery Act and Toxic Substances Control Act; resolved in administrative settlement with EPA (2005).
• Testified before Congressional task force concerning revisions to NEPA (September 2005).
• Participated in defense of criminal investigations under federal environmental statutes (2003-present).
• Represented State of Wyoming in Clean Water Act and Endangered Species Act matters (2004-2005).
• Represent oil and gas concerns in a series of NEPA actions arising from coalbed natural gas operations in Wyoming and Montana; cases venued in Wyoming and Montana (2004-2010).
• Successful resolution of major Clean Air Act enforcement action against Ohio agricultural concern (2004).
• Defended and resolved significant Clean Water Act action brought against major municipality (2003).
• Participated in permitting major offshore Alaska exploration project and successfully defended challenges in 9th Circuit, Federal District Court, and Interior Board of Land Appeals (2002).

¹ John joined Holland & Hart in January 2017