Carolyn McIntosh counsels clients on complex environmental permitting and compliance matters and environmental, natural resources and commercial litigation. In addition to her environmental litigation and regulatory work, Carolyn counsels a variety of companies on federal land use approvals and renewable energy matters. She has devoted much of her career to addressing exposure, remediation and cost recovery litigation related to contaminated sites under state and US federal laws in throughout the western US. She has been the lead environmental counsel on dozens of site remediation matters, concerning regulatory compliance, arbitration and litigation.
Carolyn’s permitting experience includes state and federal permitting under the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act. Carolyn was selected as the lead litigation counsel by the state of Colorado to defend against Original Action No. 147 filed by the state of New Mexico concerning Gold King Mine discharges to the Animas River. That action was dismissed by the US Supreme Court. She led a multi-year permitting and compliance effort associated with discharges from a railroad tunnel at the continental divide to two separate river systems.
Carolyn has several decades of experience in the extractives industry sector, including copper, gold, silver, iron, potash and lithium mining operations and asset purchase, lease and sales transactions – both in the US and internationally; operational requirements; permitting and compliance; and bonding, reclamation and closure. Her work has included regulatory comments and associated litigation, public lands matters, due diligence, environmental protection review, compliance evaluation, leasing, permitting, operational compliance, reporting, remediation requirements, financial assurance bonding, endangered species impact evaluation and closure.
Previously, Carolyn served as an assistant attorney general for the state of Colorado for Superfund and hazardous waste management and as a special assistant attorney general to the state of Montana, implementing its Superfund program. Carolyn has litigated cases involving the applicability of state hazardous waste management laws to the Rocky Mountain Arsenal, air quality regulatory requirements in Colorado, remediation at radioactive mill processing facilities, zoning land use and the National Environmental Policy Act.
Carolyn is currently serving as the President of the Board of Trustees for the American Exploration & Mining Association and has been a member of the board or an officer for seven years. Carolyn has served on a number of local government boards and commissions, including 12 years on the Lafayette City Council, the last four years of which she served as the mayor of Lafayette. Carolyn served for three years on the Boulder County Long Range Planning Commission, and for four years, she participated in the Urban Drainage and Flood Control District. Additionally, Carolyn served on the Denver Regional Council of Governments Board for 10 years, on the Metro Mayor’s Council for four years and as a member of the Colorado Law Alumni Board for 10 years, chairing its Nominations Committee and serving on the Diversity Committee. She was also a founding member of the Northwest Parkway Public Highway Authority. She is also a member of the Board of Directors of the Squire Patton Boggs Foundation, which promotes the role of public service and pro bono work in the practice of law and the development of public policy.