John Martin

Client Results

• Representative Cases

  • M.L. Johnson Family Properties, LLC v. Zinke, No. 7:16-CV-6-KKC (March 21, 2018);  lead counsel in successful defense of action challenging permitting decision under Surface Mining Control & Reclamation Act. 
  • 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. Envl. Info. Ctr. v. U.S. Office of Surface Mining et al., CV 15-106-M-DWM (D. Mont. Nov. 3, 2017); successfully argued to modify injunction issued by district court under NEPA.  
  • Montana Env. Info. Ctr. v. Stone-Manning, 766 F.3d 1184 (9th Cir. 2014); Successfully argued 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 Clean Water Act case against 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 Minnesota state agencies in permitting decisions for mine in northern Minnesota.
  • Represent coal mining company in administrative proceeding under state mining statute. In re: Appeal of Western Energy Co. Rosebud Mine, No. BER-2012-12-WQ (Mont. Bd. of Env. Rev.)¹
  • Represented oil & gas trade associations concerning BLM and EPA efforts to regulate hydraulic fracturing (fracking).
  • Currently defending mining companies in several cases brought by advocacy organizations under the Clean Water Act.
  • Lead 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 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