Preston Carter

Work Highlights

Representative matters include the following.

Environmental disputes and litigation

Represented clients from a broad range of industries, including food processing facilities, dairies, renewable energy facilities, and others in investigations, administrative enforcement actions, and judicial enforcement actions brought by the United States Environmental Protection Agency (EPA), the Idaho Department of Environmental Quality (IDEQ), the Idaho State Department of Agriculture (ISDA), the Idaho Department of Water Resources (IDWR), the United States Department of Agriculture (USDA).

Defended clients, including mining companies, public utilities, and dairy facilities in federal citizen-suits under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA).

Represented clients, including mining companies and Idaho Counties, as intervenor-defendants and as plaintiffs in federal lawsuits under the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Wilderness Act.

Represented clients, including agricultural entities and mining companies, in federal and state litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Administrative/constitutional issues and appeals

Filed amicus briefs regarding deference to administrative agencies in Idaho District Court and Idaho Supreme Court.

Filed amicus brief on first amendment issues in United States Supreme Court.

Represented client in administrative proceeding and related first amendment federal civil-rights litigation with the Idaho State Police, Alcohol Beverage Control related to liquor licensing.

Defended client on first amendment grounds in judicial enforcement action related to campaign finance disclosures brought by the Idaho Secretary of State.

Represented clients from a wide variety of industries in challenging procurement awards made by a variety of Idaho agencies, at the administrative stage, in district court, and on appeal.

Public utilities and energy

Represented clients, including water utilities, natural gas utilities, and renewable energy companies in proceedings before the Idaho Public Utilities Commission (IPUC) and the Federal Energy Regulatory Commission (FERC).

Represented renewable energy facilities at the diligence, permitting, financing, construction, and operational phases regarding permitting, compliance, and related matters.

Permitting

Represented a wide range of clients, including dairies, municipalities, food processing facilities, renewable energy facilities, and industrial facilities, in obtaining state and federal permits and authorizations under the CWA, the Clean Air Act (CAA), and various state and local laws and ordinances.

Represented clients, including mining companies and individuals, in negotiating and obtaining Plans of Operation and related authorizations to allow mining, access, and related activities on federal and state property.

Represented renewable energy facilities at the diligence, permitting, financing, construction, and operational phases regarding permitting, compliance, and related matters.

Road/access and land-use litigation

Represented clients, including municipalities and citizens, in state and federal litigation stemming from road creation and abandonment proceedings, and related matters, throughout the state.

Tax disputes

Represented clients from a wide variety of industries in obtaining tax and other economic incentives.

Represented clients, including renewable energy facilities, before the Idaho State Tax Commission in administrative proceedings related to the applicability of certain tax exemptions.

Represented clients, including natural-gas processing facilities, in tax appeals challenging the valuation of facilities and equipment.

Represented clients in filing amicus briefs on tax and administrative-law issues in district court and on appeal.

Practice Areas

Administrative and Regulatory Law

Environmental Law

Litigation

Natural Resources

Career

Preston’s practice spans industries and subject-matters but contains one common thread: interfacing with the government, in whatever setting necessary, in pursuit of the client’s goals.

Preston has developed particular expertise with public utilities, environmental litigation, renewable energy (permitting, due diligence, tax, energy/regulatory), and litigation/appeals regarding matters of administrative and constitutional law.

When not working, Preston enjoys the Idaho outdoors with his wife and three children.

Professional Memberships

Recognition

Mountain States Super Lawyers, Rising Star, Environmental Litigation 2017-2023

Chambers USA, America's Leading Lawyers for Business (Natural Resources & Environment)

Admissions

Idaho

U.S. District Court (Idaho)

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court

Judicial Clerkship

Hon. Paul J. Kelly, Jr., United States Court of Appeals for the Tenth Circuit

Community Involvement

Commissioner, Boise Parks and Recreation Commission (2016-2023)

Participant, Leadership Boise (2015-2017)

Member, Environmental and Natural Resources Section, Idaho State Bar

Publications

If an (Endangered) Tree Falls in the Forest, and No One Is Around Resolving the Divergence Between Standing Requirements and Congressional Intent in Environmental Legislation, 84 Notre Dame Law Review 2191 (2009)

NBI Seminar, Farm Business Law: Regulatory Update, discussing recent regulatory developments related to agriculture, including under the Food Safety Modernization Act (FSMA), the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act

NBI Seminar, Agricultural Water Law: Regulatory Update, discussing recent regulatory developments, including under the Food Safety Modernization Act (FSMA), the Clean Water Act, the Safe Drinking Water Act, and the Resource Conservation and Recovery Act

Education