Dustin advises private and public clients on environmental and energy issues. As part of his environmental practice, he has represented clients in a broad range of litigation, administrative, and transactional proceedings, including successfully defending challenges to transmission and renewable energy generation projects under the National Environmental Policy Act, the Clean Air Act, and similar state laws. In addition to his litigation practice, Dustin has advised clients on environmental liabilities associated with property transactions, and has managed environmental due diligence for mergers involving multiple industrial facilities.
Dustin’s energy practice focuses on representing large industrial power consumers in rate and contract proceedings before the Bonneville Power Administration, the Federal Energy Regulatory Commission, and the Ninth Circuit Court of Appeals. He also advises industrial facilities with respect to power purchase agreements and related matters.
- Represents a Fortune 50 industrial power consumer in rate and contract proceedings before the Bonneville Power Administration and Ninth Circuit Court of Appeals
- Advises international manufacturer on power sales contract issues for facilities in the United States and Canada
- Advises a major oil pipeline company on regulatory issues arising before the Regulatory Commission of Alaska
- Defended permits for a proposed biomass cogeneration facility against challenges arising under the Clean Air Act and SEPA
- Represented a regional air quality permitting agency in litigation involving whether an air operating permit for a coal-fired power plant must include limits on carbon dioxide emissions
- Defended a public utility district in a SEPA lawsuit involving challenges to a power transmission line project in Eastern Washington, including litigation before the Washington Court of Appeals
- Represented clients in complex, multi-party CERCLA litigation involving private party cost allocation and EPA cost recovery efforts. Litigated issues before the U.S. District Court for the Western District of Missouri and the Eighth Circuit Court of Appeals, and successfully negotiated multiple CERCLA Ability-to-Pay settlements
- Defended a residential developer in a Clean Water Act citizens suit involving alleged wetland fills.