Departments

Phone: 602.650.2330

Barton D. Day

Shareholder
Barton D. Day has been assisting clients with environmental and other regulatory matters for more than 25 years. Mr. Day helps clients understand the regulations to which they are subject , acts as their advocate in shaping those regulations and obtaining the necessary permits and other authorizations, counsels them in developing practical means of compliance, represents them in responding to allegations of noncompliance, and assists them in developing positive, constructive working relationships with the agencies that regulate them. Mr. Day has been involved both in major national and international issues as well as in remediation, compliance, permitting and enforcement matters involving individual facilities all across the nation.

Mr. Day has extensive experience in federal, state and local legislative, rulemaking, and other policy development matters under a variety of regulatory programs. He frequently works with regulators to resolve regulatory uncertainties and obtain favorable regulatory policy determinations for his clients. He has represented clients in the judicial review of agency rulemaking and similar actions, both in challenging unfavorable agency actions and in defending favorable agency actions against the challenges of others.

Mr. Day also has extensive experience in compliance, permitting, permit appeal and enforcement matters under a variety of federal, state and local regulatory programs, particularly under federal and state hazardous waste regulatory programs implementing the Resource Conservation and Recovery Act (RCRA), federal and state Underground Injection Control (UIC) programs implementing the Safe Drinking Water Act, and the Maricopa County Air Quality Department's program implementing the Clean Air Act. Mr. Day is a frequent speaker on compliance and enforcement matters.

Distinctions

  • Ranked in Chambers USA: America’s Leading Lawyers for Business, Environment, 2007-2011
  • Selected for inclusion in 2007 Southwest Super Lawyers

Experience

  • Represented the Government of Kuwait in its claims against the Government of Iraq for environmental damage resulting from Iraq’s 1990-1991 invasion and occupation of Kuwait
  • Represented chemical industry clients in successful effort to obtain legislative amendment of federal hazardous waste statute (RCRA)
  • Represented propane industry clients in litigation challenging Federal hazardous materials transportation regulations (obtaining judicial stay and injunction barring enforcement of emergency rule), and in subsequent negotiated rulemaking under the Federal Advisory Committee Act (obtaining favorable resolution of underlying regulatory issues)
  • Represented chemical industry clients before the D.C. circuit as interveners in successful defense of favorable elements of federal hazardous waste and underground injection control regulations challenged by environmental activists
  • Represented client before the D.C. circuit in judicial challenge to unfavorable elements of federal hazardous waste regulations, obtaining favorable regulatory clarification
  • Represented chemical industry clients in obtaining favorable changes in federal hazardous waste regulations
  • Represented pipeline operator in obtaining favorable regulatory changes in Federal Pipeline Safety regulations
  • Represented gas pipeline company in obtaining favorable changes in state Underground Injection Control program regulations
  • Represented numerous clients in obtaining favorable agency determinations resolving ambiguities in federal or state hazardous waste regulations
  • Represented numerous clients in permitting and similar agency proceedings at the state and federal level, including representation in permit appeals
  • Represented numerous clients in federal, state and local enforcement actions