Albert represents a wide range of interests in the most influential Idaho cases and projects in the areas of water law, environmental and natural resources law, mining, construction law, and commercial litigation matters before the Idaho Supreme Court, the Ninth Circuit, state and federal trial courts and administrative agencies.
He has been counsel in water rights and right-of-way litigation, Clean Water Act, Endangered Species Act, Superfund and other environmental litigation. He represents insureds in environmental insurance coverage matters and has extensive experience in construction and commercial projects and resulting litigation. Albert served as counsel to the Boise Project Board of Control and its member irrigation districts in developing, constructing and operating the Lucky Peak and Arrowrock Hydroelectric Projects and their lowhead hydroelectric projects. He has helped permit and develop many hydroelectric projects, both in Idaho and in other states.
Albert has been practicing in Idaho since 1982 and is a founding partner of Barker Rosholt & Simpson LLP. He is recognized as a Band 1 lawyer in Natural Resources & Environment by Chambers & Partners. Mountain States Super Lawyers acknowledged his expertise in Energy & Natural Resources. The American Lawyer, Corporate Counsel have rated him as a Top Rated Lawyer in Construction Law and a Top Rated Lawyer in Energy, Environmental and Natural Resources. He holds a preeminent “AV” rating from Martindale-Hubbell. He is a Fellow of the American Bar Foundation.
- Represents irrigation districts, boards of control and other water delivery entities in their water rights, rights-of-way and governance issues, including relationships with the Bureau of Reclamation, Department of Water Resources and environmental regulatory agencies.
- Successfully represented water users in disputes with the United States to obtain judicial recognition of ownership of water rights in federal facilities.
- Represents hydroelectric facilities in all maters related to permitting, construction and operation of the power plants, including relationships with the Federal Regulatory Energy Commission, the Department of Water Resources and environmental regulatory agencies.
- Represents water users before the Department of Water Resources, water adjudication courts, district courts and the Idaho Supreme Court, including over a dozen successful appeals before the Idaho Supreme Court.
- Represents water users in defending against federal and Indian reserved water right claims.
- Represents ranchers and water users in protecting easements and rights of way, including rights of way across federal and forest service lands.
- Represents water and land users in obtaining Clean Water Act 401 certification for their projects.
- Represents mining companies in protecting mining claims, permitting and defending enforcement, cleanup, and allocation actions brought by private parties, regulatory agencies and citizens groups, including before federal district courts and the Ninth Circuit Court of Appeals.
- Represents mining companies and other insureds in actions to obtain insurance coverage, including coverage for claims related to environmental cleanups.
- Represents the Idaho Cattle Association in actions to protect grazing allotments.
- Represents contractors and owners in drafting contracts, permitting and in disputes over construction contracts for both private and public construction projects.
- Experienced in water rights, Clean Water Act, ESA, NEPA, 1866 Mining Act, FLPMA, NFMA, CERCLA, Taylor Grazing Act, Homestead and Desert Land Entry Acts
Education & Clerkship
J.D., Marshall-Wythe School of Law, College of William & Mary, Order of the Coif
B.A., Yale University
Law Clerk, Hon. Allan G. Shephard, Idaho Supreme Court 1981-1982
Admissions & Membership
State Bar of Idaho
State Bar of Virginia
Recognition & Activities
Appointed to the Idaho Water Board from 2013-present.
Chambers, Band One Ranking, Natural Resources & Environment
Listed in Mountain States Super Lawyers
AV Rating from Martindale-Hubbell
Fellow, American Bar Foundation