Bradley Cahoon

Practice Areas

Brad Cahoon is an environmental lawyer who represents clients throughout the US. He has a record of using his litigation, administrative, regulatory and government relations skills to help his clients achieve their business objectives. His clients have included land developers, home builders, manufacturers, lenders, chemical, energy, mining, steel, and waste companies, wireless carriers, dry cleaners, metal recyclers, ski resorts, ranchers, and farmers. He has litigated environmental cases in Utah, New York, Iowa, Indiana, and Idaho. He litigates CERCLA, RCRA, Clean Water Act, Clean Air Act, toxic tort, civil and criminal enforcement actions, and citizen and environmental group lawsuits. He has handled environmental matters affecting complex business transactions in multiple states across the country and internationally. He advises on purchasing, selling and cleaning up contaminated properties, minimizing environmental liability risks, and negotiating pollution insurance. He conducts diligence for purchasing and developing solar, wind, nuclear, hydro, and geothermal power plants. He assists with permitting and defending industrial operations and waste treatment, storage and disposal facilities. He advises on and defends against enforcement claims under product and shipping labeling laws: USDA, FDA, FIFRA, FMCSA, FAA, and California Proposition 65. His environmental practice spans water, zoning, energy, mining, utility, and real estate law.

Career

With over three decades practicing environmental law, Brad has won high-profile cases involving contaminated property, air emissions, solid and hazardous waste, wetlands, water, mineral rights, and water rights and handled complex mergers and acquisitions with complex environmental risks and major brownfield redevelopment and renewable energy projects throughout the United States. Brad is co-leader of the Dentons USA Environmental Practice and Mining Sector and is a shareholder and a director of his law firm.

Professional Memberships

American Lung Association of the Southwest Region, past chairman and board member

State Law Resources, Inc., past chairman and board member

Mountain States Legal Foundation, Board of Litigation, past member

The Foundation for Natural Resources and Energy Law

Utah Manufacturers Association

Utah Mining Association

Utah Petroleum Association

Publications

Author, Water Matters: Caleb Tanner Provo River Water Law Conflicts, Amazon, May 24, 2019

Co-author, Utah Procurement Case Illustrates Perils in Bid Protests, Law360, April 6, 2015

Co-author, Not Perfect: Perfecting Security Interests in Water Shares, Utah Banker, 2014

Author, Nuclear Energy and Radioactive Waste: A Hot Choice for Utah, Utah CEO, 2010

Author, Extreme Makeovers: Risk Reduction Strategies for Redeveloping Mine-Scarred & Other Industrial Lands, 52 Rocky Mt. Min. L. Inst. 16.01, 2006

Author, The Brownfield Nouveau Riche, More Real Estate Players Will Be Asking, ‘What Can Brown Do For Me?’” Western Real Estate Business, 2005

Author, Contaminated Property Transactions After 2002 Brownfield Amendments, 15 Utah Bar Journal No. 8, at 13-15, 2002

Personal

Brad is active in his community and enjoys traveling, snow skiing, boating and wake surfing with his family.

Clients

Clients include chemical, energy, mining, steel, and waste companies and land developers, builders, manufacturers, lenders, railroads, gas stations, wireless carriers, dry cleaners, metal recyclers, ski resorts, ranchers, farmers, lessors and lessees.

Work Highlights

Brad prevailed against an environmental group’s appeal of the Utah Department of Environmental Quality’s permit approval for his client’s municipal solid waste landfill in northern Utah near the Great Salt Lake. Brad successfully defended developer against the United States in Clean Water Act criminal and civil penalty actions arising from filling of alleged wetlands in New York (dismissal of all claims with prejudice) and litigated for same developer in corresponding damages action against the United States for malicious prosecution. Brad successfully litigated and negotiated a US$10 million settlement for an Idaho ranch against a phosphate mine that resolved an environmental citizen suit and property damage claims arising from groundwater contamination. Brad prevailed against the Utah State Engineer on appeal before the Utah Supreme Court who ruled that forfeiture does not apply to water right change applications.

Industry Sector Expertise

Land development, home building, manufacturing, lending, chemicals, energy, mining, steelmaking, waste handling, railroads, gas stations, wireless carriers, dry cleaners, metal recyclers, ski resorts, ranching, farming

Expert in these Jurisdictions

Idaho Supreme Court

Utah Supreme Court

United States Supreme Court

US Court of Appeals for the Second Circuit

US Court of Appeals for the Tenth Circuit

US District Court for the District of Idaho

US District Court for the District of Utah

Experience

Brad has been practicing environmental law for over three decades. His environmental practice spans water, zoning, energy, mining, utility, and real estate law.

Education

Awards