Carlos Romo is nationally-recognized in environmental law and natural resources litigation. He helps clients in a variety of industries navigate complex regulatory requirements and has particular expertise in state and federal permitting, environmental due diligence, and litigation matters. His clients include developers, utilities, water authorities, oil and gas companies, energy producers, trade associations, refineries and chemical companies, landowners, and resort operators.

Endangered Species Act. Some of Carlos’ most signature environmental permitting and litigation matters involve endangered species. He was instrumental in drafting innovative “hybrid” conservation agreements for the dunes sagebrush lizard and lesser prairie chicken. One of his major successes was the appeal of an adverse order involving water rights and alleged impacts on endangered whooping cranes. His river authority client played a key role in overturning the order in the U.S. Court of Appeals for the Fifth Circuit and Carlos helped defend the judgment in the U.S. Supreme Court. Carlos also assists clients obtain ESA Section 7 and Section 10 incidental take permits for infrastructure projects, and recently helped a renewable energy company obtain conservation credits to enable construction of a 522MW wind farm.

Water. Carlos’ water practice includes water rights and water quality permitting under state water rights frameworks and federal Clean Water Act discharge and wetlands permits. He has extensive experience in obtaining water rights with impacts on endangered species and in conducting due diligence and negotiating a variety of agreements in water-related transactions.

Oil and Gas Disputes.  Carlos has substantial experience resolving oil and gas disputes, including disagreements over siting, surface use, breach of contract, nuisance and trespass litigation, and lease and royalty disputes. Clients rely on Carlos’ familiarity with agreements in the upstream and midstream context to help navigate complex breach of contract actions. He has represented both landowners and operators and has litigated oil and gas issues in state and federal trial and appellate courts. Carlos’ experience includes state and federal class actions involving royalties, deductions, and marketing issues in oil and gas production.

Clean Air Act. Carlos has over a decade of experience working on a variety of Clean Air Act matters. He is particularly knowledgeable about regulations targeting emissions from power plants and oil and gas sources and air enforcement matters. Most recently, he assisted clients navigate Colorado Aid Quality Control Commission contested rulemakings related to ozone nonattainment and regional haze.

Representative Experience
Clean Water Act and Water Rights

• Represented water authority in highly contested water rights and reservoir construction application involving environmental flows and ESA claims
• Assisted utility navigate NEPA and Clean Water Action Section 404 wetlands requirements to obtain a Presidential Permit
• Advised client on enforcement action involving complex multi-party NPDES discharge permit
• Conducted water rights due diligence and assisted in negotiation of complex purchase and leaseback of multiple golf club resorts
• Conducted water due diligence and assisted in negotiation of complex purchase agreements for ski resorts
• Argued for intervenor in federal court district suit involving voting rights and groundwater management
• Assisted private equity firm in developing drinking water supply
• Reviewed potential common law and injunctive remedies for protecting water rights during drought conditions
• Developed strategy for junior water rights holder to avoid enforcement issues during drought conditions
• Evaluated regulatory requirements for oil and gas water reuse and recycling projects in various states
• Analyzed availability of groundwater and surface water rights in Eagle Ford Shale area and recommended strategy for obtaining water
• Analyzed groundwater conservation district regulations and rules related to exempt and non-exempt uses
• Recommended appropriate terms for water supply agreements addressing drought conditions
• Evaluated new facility’s compliance with thermal discharge and cooling water intake structure requirements

Endangered Species Act

• Negotiated purchase of Lesser Prairie Chicken conservation credits for 522MW wind farm in New Mexico
• Drafted industry comments on proposed Migratory Bird Treaty Act incidental take permit program. Evaluated habitat conservation agreements for oil and gas upstream and midstream companies
• Drafted industry comments on BLM Draft Environmental Impact Statement and Land Use Plan Amendments affecting greater sage grouse
• Drafted industry association comments on proposed endangered species listing and evaluated legal issues associated with habitat conservation plan permits
• Assisted in developing innovative hybrid Candidate Conservation Agreement with Assurances and Habitat Conservation Plans for the Dunes Sagebrush Lizard and Lesser Prairie Chicken
• Evaluated Section 7 consultation and permit requirements for pipeline company
• Developed strategies for multinational energy company to manage risks from Endangered Species Act actions
• Drafted and negotiated permit conditions for incidental take of endangered species
• Evaluated water rights issues and drafted motions in federal district court litigation over environmental flows and endangered species

Clean Air Act

• Represented clients in contested rulemaking proceedings related to ozone and regional haze before the Colorado Air Quality Control Commission
• Evaluated effects of moving to “serious” and “severe” ozone nonattainment
• Challenged expansion of ozone nonattainment area in U.S. Court of Appeals for the D.C. Circuit
• Successfully represented associations in case involving oil and gas and air regulation in Colorado Supreme Court
• Represented clients in responding to EPA regional haze proposals and in petition to stay rule in U.S. Court of Appeals
• Developed strategy for oil and gas industry response to methane rulemakings
• Evaluated impact of new climate rules on power industry
• Drafted briefs in appeals courts and the U.S. Supreme Court on nuisance and preemption under the federal CAA
• Drafted successful briefs in Texas Supreme Court related to trespass from “migratory air particles” from oil and gas operations
• Represented developer of a $9 billion Liquefied Natural Gas export facility in contested air permit proceedings
• Defended against challenges to power plant Clean Air Act permits in state court
• Developed defenses and led drafting of federal court motions in Clean Air Act citizen suit involving power plant
• Evaluated potential challenges to NSPS regulations
• Analyzed applicability of various state and federal air permitting regulations to equipment upgrades, changes in operations and permit renewals

Other

• Represented oil and gas operator in complex state mass action involving surface use and trespass claims
• Represented oil and gas operator in class actions involving royalty deductions from oil and gas production and allocation under pooling provisions
• Represented oil and gas operator in action alleging subsurface trespass from pooled operations
• Obtained summary judgment on breach of contract and tort claims related to gas gathering company’s shutdown of 900-mile gas gathering system
• Successfully defended and challenged BLM and USFS permits on NEPA grounds in federal court
• Evaluated overriding royalty interests in dispute over royalty payments
• Represented oil and gas companies in common law nuisance and trespass actions
• Represented responsible party in on-site response to major oil spill and coordinated Natural Resource Damage Assessment activities post response
• Evaluated National Environmental Policy Act and Presidential Permit requirements for pipeline, bridge and electricity transmission cross-border projects from U.S. to Mexico
• Developed defenses for RCRA enforcement against hazardous waste recycling facility
• Represented energy companies in contested enforcement proceedings, resolving suits with significant reductions in penalties through settlement negotiations
• Defended low-level radioactive waste rulemaking from temporary injunction in federal court
• Represented multinational chemical company in RCRA enforcement suit filed by EPA