Martin K. Banks

Experience

Martin Banks is a partner of Stoel Rives' Environmental Law practice group and Litigation practice group. His environmental practice includes counseling clients in cost-effective regulatory compliance and permitting strategies. He has broad experience with issues involving the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Administrative Procedures Act and the clean-up and transfer of contaminated properties. Martin's business litigation practice includes environmental and natural resource matters, real estate and land use issues (including public land use), construction disputes and OSHA matters.

Martin was formerly a trial attorney at the U.S. Department of Justice (1991-1994), and an associate at White & Case (1989-1991).

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Environmental Law; Litigation-Environmental), 2008-2013
• Listed in Mountain States Super Lawyers®, 2010
• AV Preeminent Peer Review Rated with Martindale-Hubbell®
• Certified Public Accountant (CPA)
• Utah Manufacturers Association, Chairman of the Environmental Committee
• Former Chairman, Utah State Bar, Environment and Natural Resources and Land Section
• Member, American Bar Association
• Former General Counsel, Salt Lake County Republican Party

Civic Activities

Unit Representative, Boy Scouts of America

Publications

• Biography, Supreme Court Quarterly, 1983
• Primer on the Federal Tort Claims Act, Utah Bar Journal
• Frequent presenter on environmental issues

Education

• George Washington University National Law Center, J.D., 1989
  Order of the Coif
  George Washington Journal of International Law
• Brigham Young University, B.A., 1985, cum laude

Admissions

• Utah
• District of Columbia

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Experience

Martin Banks is a partner of the environmental law group and the energy practice group at Stoel Rives. He advises clients in cost-effective regulatory compliance (including the Clean Air Act, RCRA and CERCLA), in liability and enforcement issues arising out of hazardous substance contamination, in permitting and disclosure strategies, in allocating environmental risks in real estate and business transactions, and in facilitating the transfer of air emission credits and water rights. He is also involved in various environmental litigation matters including contamination issues, public land use conflicts, mining issues, toxic torts and OSHA matters.

Martin was formerly a trial attorney at the U.S. Department of Justice (1991-1994), and an associate at White & Case (1989-1991).

Representative Work

• Clean Air Capital Markets v. PC - Handled dispute between broker and seller of emission credits under the Clean Air Act.
• Utah Department of Environmental Quality v. Reilly - Represented chemical manufacturer in enforcement action involving state and federal environmental regulators.
• Stevens v. EBCo - Handled CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating groundwater contamination.
• OSHA v. Delta Air Lines - Handled various safety/environmental enforcement actions on behalf of airline.
• Utah Division of Environmental Response and Remediation - Assisted various clients in remediating contaminated property under the Utah Voluntary Cleanup Program.
• Utah Division of Air Quality - Coordinated permitting of expansion and ownership transfer of major electric generating facility.

Professional Activities

• CPA; Utah Manufacturers Association, Chairman of the Environmental Committee
• Utah State Bar, Environment and Natural Resources and Land Section
• Corporate Secretary, Cottonwood Canyons Foundation
• Member, American Bar Association
• General Counsel, Salt Lake County Republican Party
• Unit Representative, Boy Scouts of America

Publications

• Biography, Supreme Court Quarterly, 1983
• Primer on the Federal Tort Claims Act, Utah Bar Journal
• Frequent presenter on environmental issues

Education

• George Washington University National Law Center, J.D., 1989
  Order of the Coif
  George Washington Journal of International Law
• Brigham Young University, B.A., cum laude, 1985

Admissions

• Utah
• District of Columbia

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Experience

Martin Banks is a partner of Stoel Rives' litigation practice group. He handles general business litigation, including environmental and natural resource matters, real estate and land use issues (including public land use), construction matters, intellectual property infringement disputes, toxic torts, OSHA issues and other matters.

Martin was formerly a trial attorney at the U.S. Department of Justice (1991-1994), and an associate at White & Case (1989-1991).

Representative Work

• Save Our Canyons v. Snowbird and U.S. Forest Service - Defended challenges to ski resort development brought under the National Environmental Policy Act at the administrative, federal district court and federal appellate court levels.
• Henricksons v. EBCo - Obtained dismissals of several defendants, and favorable settlements in ground water toxic tort claims.
• Utah Department of Environmental Quality v. Reilly - Represented chemical manufacturer in enforcement action involving state and federal environmental regulators.
• Stevens v. EBCo - Defended CERCLA, RCRA and toxic tort claims for personal injury and property damage relating to alleged exposure to migrating groundwater contamination.
• OSHA v. Delta Air Lines - Handled various safety/environmental enforcement actions on behalf of airline.
• Bertaut v. U.S. Department of Health - Led trial team defending health organizations in toxic tort claims relating to vaccinations.
• Oakwood v. Sundrider - Presented telecommunications contract dispute before jury trial.
• Ron Case v. Salt Lake County - Successfully blocked variances to zoning restrictions in rural/agricultural area.

Professional Honors & Activities

• CPA
• Utah State Bar, Litigation Section
• Member, American Bar Association
• Utah Manufacturers Association
• Unit Representative, Boy Scouts of America

Publications

• Biography, Supreme Court Quarterly, 1983
• Primer on the Federal Tort Claims Act, Utah Bar Journal
• Frequent presenter on environmental issues

Education

• George Washington University National Law Center, J.D., 1989
  Order of the Coif
  George Washington Journal of International Law
• Brigham Young University, B.A., 1985, cum laude

Admissions

• Utah
• District of Columbia

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Experience

Marty Banks advises clients on a broad variety of occupational safety and health matters. His practice involves assisting industrial clients in connection with Federal and State OSHA inspections (including incident and NEP investigations), defending OSHA enforcement citations, counseling on OSHA compliance programs, assisting clients with U.S. Chemical Safety Board investigations, advising on cost-effective regulatory compliance requirements, disclosure strategies, etc.

Marty is a partner at the law firm of Stoel Rives, and was formerly a trial attorney at the U.S. Department of Justice (1991-1994), and an associate at White & Case (1989-1991).

Representative Matters

• OSHA v. USMag – Defended client against multiple citations in connection with an industrial accident.
• OSHA v. ATI Titanium - Assisted heavy manufacturing plant with incident investigation and citations.
• OSHA v. Longview Fibre - Represented paper manufacturing facility in connection with whistle-blower allegations, accident investigation and associated citations.
• OSHA/CSB v. Silver Eaglee - Assisted client in facilitating OSHA and CSB inspections relating to refinery explosion and associated incident and NEP inspection, and defended resulting citations.
• OSHA v. Flying-J (Big West Oil) – Represented petroleum refinery in connection with a Petroleum Refinery NEP investigation, and assisted in its contest of the associated citations.
• OSHA v. Silver Eagle - Represented client in OSHA inspection surrounding refinery fire and defended and negotiated associated violations.
• OSHA v. Holly Refining - Assisted as local counsel in defending violations associated with NEP refinery inspection.
• OSHA v. Chevron - Defended refinery in enforcement action relating to violations resulting from electrical and workplace inspection.
• OSHA v. Delta Air Lines - Represented client in connection with OSHA citations relating to equipment maintenance procedures.
• OSHA v. The Ensign-Bickford Company - Contested OSHA citations pertaining to the decommissioning of an explosives manufacturing facility and associated employee death and injuries.
• OSHA v. PacifiCorp - Assisted client in citations related to alleged exposure to toxic materials.
• OSHA v. Delta Air Lines - Defended client in connection with OSHA citations relating to baggage handling equipment and associated employee injuries.
• Union Pacific v. PSC, Kennecott, et al - Defended shipper of waste chemicals in connection with catastrophic release from railcar near Interstate and residential development.

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Environmental Law, Litigation-Environmental), 2008-2013
• Listed in Mountain States Super Lawyers®, 2010
• AV Preeminent Peer Review Rated with Martindale-Hubbell®
• Certified Public Accountant (CPA)
• Utah Manufacturers Association, Chairman of the Environmental Committee
• Former Chairman, Utah State Bar, Environment and Natural Resources and Land Section
• Former General Counsel, Salt Lake County Republican Party

Civic Activities

• Unit Representative, Boy Scouts of America

Education

• George Washington University National Law Center, J.D., 1989
  Order of the Coif
  George Washington Journal of International Law
• Brigham Young University, B.A., 1985, cum laude

Admissions

• Utah
• District of Columbia

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