Julie A. Rosen

Shareholder

emailjrosen@rcalaw.com
phone303.813.6725
fax303.595.3159
Legal Secretary: Carolyn Boulette
emailcboulette@rcalaw.com

Biography

Julie focuses her practice in the areas of environmental, energy resources and related litigation. She represents a wide variety of clients, including manufacturing companies, electric utilities, mining operations, agricultural operations, municipalities, individual landowners, real estate developers and financial institutions. She provides both legal and policy solutions for her client's environmental issues.

Environmental Permitting & Compliance Practice. Julie helps clients with matters involving air quality, water quality, brownfields redevelopment, asbestos, land use, and other environmental issues. Her experience includes permitting actions, regulatory agency enforcement cases, trial and appellate court cases and providing general counsel. She is also experienced in related issues, such as National Environmental Policy Act (NEPA) processes, National Historic Preservation Act (NHPA) reviews, Wild and Scenic Rivers Act issues and Endangered Species Act matters.

Some of her representative matters include:

  • Obtaining or modifying air emission permits, including construction or Title V permits, with NSPS and NESHAP/MACT applicability, for manufacturers and electric generating units.
  • Obtaining air emission permits for new manufacturing facilities and successfully defending the status of those facilities as separate sources, the air emissions from which would not be appropriate for aggregation.
  • Negotiating consent decrees and compliance orders to resolve alleged air emission limit exceedances and alleged non-compliant discharges into waterways.
  • Defending administrative enforcement actions pertaining to the Clean Water Act, Clean Air Act, and solid waste or hazardous materials issues.
  • Developing company policies to manage environmental issues, such as asbestos-containing materials, to reduce or eliminate compliance risks.

Environmental Litigation Practice. Julie represents clients in environmental and energy-related litigation in federal and state, trial and appellate courts. Her litigation work also entails challenges to administrative agency final decisions in federal court and administrative appeals for reconsideration by the agency itself.

Some of her representative matters include:

  • Representing an electric utility, as a respondent-intervenor, in a Tenth Circuit Court of Appeals case to defend an EPA-approved State Implementation Plan concerning the Clean Air Act's Regional Haze program. This matter reached settlement and as a result is expected to be voluntarily withdrawn by petitioners pursuant to the terms of the settlement agreement.
  • Representing a subsidiary of a Fortune 500 company in a CERCLA contribution case before the U.S. District Court of Colorado. Successfully obtained dismissal, and subsequently represented the client in the appeal filed by plaintiff-appellant in the Tenth Circuit Court of Appeals. The Tenth Circuit affirmed the District Court's dismissal, in favor of the client.
  • Represents a Portland cement manufacturer in challenging EPA's Federal Implementation Plan concerning certain regional haze sources in the Ninth Circuit Court of Appeals. In addition, Julie represents the same client in seeking administrative reconsideration by EPA and a stay of EPA's final rule.

Due Diligence and Brownfields. Julie frequently performs evaluations of potential CERCLA or state clean-up liability for prospective purchasers or lenders. She represents prospective purchasers during the due diligence process to assess legal risks based on environmental conditions and to help clients secure insurance and manage environmental issues that may affect financing.

Several of her representative matters include:

  • Representing an entity remediating a municipal solid waste landfill where asbestos-containing materials and large amounts of asbestos-contaminated soil had been disturbed.
  • Evaluating potential business risks and future liabilities associated with acquisition of a water right to water flowing from a contaminated mine and into jurisdictional waters.
  • Assessing potential CERCLA liability of lenders in real estate transactions, including acquisitions and foreclosures.
  • Facilitating real estate or building acquisitions by evaluating environmental site assessments and identifying potential liability under CERCLA and state clean-up programs.
  • Developing environmental disclosures, waivers and releases for a client acquiring and selling properties at a former airport site.
  • Representing technical consultants in drafting work agreements and related contracts with their clients or sub-consultants.

Participation in Agency Rulemaking Proceedings. Julie participates in federal and state regulatory agency rulemakings and policy development, such as:

  • EPA rulemaking concerning affirmative defenses to air emission exceedances during startup, shutdown or malfunction activities.
  • Colorado Air Quality Control Commission rulemaking concerning VOC and methane emissions and requirements for oil and gas sources.
  • Obtaining a BLM determination respecting a Wild and Scenic River eligibility designation proposal.
  • State and EPA rulemakings relating to Regional Haze / Visibility State Implementation Plans and Federal Implementation Plans.

Landowner Issues. Julie works on issues associated with land ownership, such as disputes over the management or use of public lands abutting private properties, or the use of waterways flowing through properties where land on each side of a waterway is privately owned. Julie is also experienced in representing private landowners impacted by oil and gas operations.

Land Use and Zoning. Julie's work on environmental issues also entails matters involving land use and zoning issues.  Julie has represented clients before local land use planning commissions and zoning boards pertaining to a client's use of their own property or a neighboring property which is inconsistent with the client's property uses.

Legal and Policy Background. Underlying Julie's law practice is a diverse background in environmental law and policy. Prior to law school, Julie worked as a lobbyist for the State of Arizona's fish and wildlife regulatory agency. During law school, Julie clerked for the White House Council on Environmental Quality in Washington DC where she helped improve guidance for NEPA implementation and develop cooperative approaches to natural resource conservation programs across the U.S.

Following law school, Julie served as the judicial law clerk to the Honorable Anne Mansfield of Denver District Court. As a judicial law clerk, Julie worked in both civil and criminal courtrooms on trial court matters and administrative agency appeals cases. After her clerkship and prior to joining Ryley Carlock & Applewhite, Julie joined a small Denver-based law firm handling hazardous and solid waste, public lands, land use, and transportation-related legal matters.

Outside of the Firm. Julie is an active volunteer for the Colorado Lawyers Committee and March of Dimes Foundation. As a part of her pro bono practice, Julie provides preliminary legal advice to indigents at Denver Legal Nights and Project Homeless Connect, as well as to non-profit organizations on annual compliance and operational issues. Julie is an avid trail runner and hiker.

Publications

Julie is the author of a recurring column, "Energy and the Environment," for the Natural Gas & Electricity Journal. Her publications include:

Speaking Engagements

  • "Ozone State Implementation Plan Update," CBA Environmental Law Section CLE Program, December 2016
  • "Affirmative Defense Rulemakings in Arizona: Rules on Excess Air Emissions During Startups, Shutdowns and Malfunctions (SSM) Will Soon Change," Ryley Carlock & Applewhite Seminar, March 2016

Memberships

  • Denver Bar Association
  • Colorado Bar Association, Environmental Law Section
  • Air and Waste Management Association
  • Colorado Lawyers Committee, Denver Legal Nights and Project Homeless Connect, Volunteer
  • Colorado Pro Bono Clinic for non-profit organizations, Volunteer
  • March of Dimes Foundation, Volunteer
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