HOME | PROFESSIONALS | JOHN D. FOGNANI
| John D. Fognani - Original Founding Member of Firm |
jfognani@fognanilaw.com
| Telephone: 303.382.6207 |
| Facsimile: 303.382.6210 |
John Fognani was the original founding member of the Firm. He practiced as a natural resources and environmental attorney, with extensive transactional, administrative, client counseling, litigation and appellate experience, for more than 30 years.
Experience
- Since 1977 when he started his practice, John's experience covered a broad spectrum of natural resources, environmental and real property law, including permitting, counseling and compliance issues, and numerous complex transactions and litigated matters involving natural resources and environmental matters. The emphasis of his practice has been in the areas of resource project development, access and public lands issues, project finance, and compliance with federal, state and local mining and oil and gas laws and requirements.
- While in practice, he developed substantive knowledge of facilities and operations in a wide range of different industries, including the mining, milling, smelting and refining ores and minerals (including primary and secondary processing), oil and gas (upstream and downstream) and manufacturing industries, and advised clients on complex, technical environmental matters.
- John worked on a number of highly visible, complex litigated environmental and natural resources matters, including defense of natural resources damage cases, with pendent state law claims, e.g., State of Colorado v. Asarco Incorporated (natural resources damage action); United States v. Rockwell Int'l (defense of Rockwell International Corporation in the Rocky Flats Plant criminal and environmental investigation); AMC v. EPA (D.C. Cir. 1987 and its progeny), in which EPA's regulatory definition of solid waste and its application to the mining industry were successfully challenged; STOP v. Marathon Ashland Pipeline Co. (USACOE/Ohio pipeline permitting action); and United States v. Friedland (defense of board members and officers in the Summitville Mine Superfund CERCLA action), along with pursuit of third-party claims and insurance recovery thereafter. John has also defended and prosecuted a number of suits under federal and state environmental statutes and toxic tort actions in state courts, such as, for example, the California toxic tort suit of In Re Redlands, involving El Paso Natural Gas Company, among others, in Southern California; the Wyoming toxic tort suit involving Amoco in Wilson v. Amoco Corp.; and the asbestos exposure case of Upton v. USDOE, et al.
- He also litigated a number of citizen suit cases, including the following: Sierra Club v. Rockwell Corporation (Colorado RCRA Citizen Suit); Wilson v. Amoco Corp. (Wyoming RCRA Citizen Suit); Pocal LLC v. Texas Instruments, Inc. (Colorado RCRA/CWA Citizen Suit); and Platte Canyon Corp. v. Sinclair Corp. (Wyoming RCRA Citizen Suit).
- In addition to litigating citizen suit cases, John served as an expert witness in such cases.
- John's experience extended to international law and financing, particularly relating to mineral and energy development. His experience also encompassed negotiating and preparing exploration agreements; international joint venture and consortium agreements; stability agreements and tax analyses; pre-feasibility and feasibility studies; environmental impact assessments to ensure compliance with national and international requirements; financial instruments; construction and engineering contracts; and project development documents.
Speaking Engagements and Professional Writing
- John has spoken and written extensively on all manner of natural resources and environmental topics.
- John wrote the original chapters for the American Law of Mining on the Resource Conservation and Recovery Act of 1976, as amended, and on the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
- John has been a regular speaker at Rocky Mountain Mineral Law Foundation Institutes and Conferences for the past 25 years.
- John has spoken and written extensively on numerous topics associated with natural resources law and international law and regarding bilateral investment treaties for mineral, oil and gas and energy projects in North America and various foreign countries.
Disclaimer
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Practice Areas
Mining
Energy
Oil and Gas
Environmental
Natural Resources
Complex Litigation
Real Property
Water Law
Education
Northwestern University Law School (J.D., cum laude, 1977)
Member and Executive Editor, Northwestern University Law Review (1975-1977)
University of Colorado (B.A., With Distinction, Phi Beta Kappa, 1973)
Professional Recognition
Listed in BEST LAWYERS IN AMERICA under five categories: (1) Natural Resources Law; (2) Environmental Law; (3) Mining Law; (4) Energy Law; and (5) Oil and Gas Law
WHO'S WHO OF AMERICAN LAWYERS
THE INTERNATIONAL WHO'S WHO OF BUSINESS LAWYERS 2003/2004 and 2005 under Mining Law
SUPER LAWYERS AND TOP LAWYERS IN COLORADO since inception
Professional Organizations
Denver, Colorado and American Bar Associations
Colorado Mining Association
International Mining Professionals Society
Rocky Mountain Mineral Law Foundation
National Mining Association
Colorado Petroleum Association
Colorado Oil & Gas Association
Admitted to Practice
Supreme Court of the United States
Supreme Court of Colorado
United States Court of Appeals for the Tenth Circuit
District of Columbia Circuit Court
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court for the District of Colorado
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