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Dennis Arfmann
Partner, Denver
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dennis.arfmann@hoganlovells.com

Dennis Arfmann co-chairs Hogan Lovells' Global Climate Change and Clean Energy practice.

Dennis' distinguished career includes representing energy companies, refineries, and manufacturers in high-profile defense of citizen suits and EPA/state enforcement cases, as well as successful siting and permitting of controversial energy sources, enforcement investigations, and litigation throughout the United States. His pro bono highlights include representing The Nature Conservancy and the American Solar Energy Society. He served on the American Solar Energy Society Board of Trustees, the American Lung Association Board of Directors, and currently serves on the Board of Directors for the Bridge House Community Table for the homeless in Boulder, Colorado and the Board of Directors for the Earth Day Network.

Dennis is a published author and frequent lecturer on Clean Air Act topics. Lectures include "Clean Air Act Update-GHG Regulations," Colorado Bar Association (February 2011), "Nordic-US Clean Energy Symposium," U.S. Embassy, Helsinki, Finland (October 2010), "Global Strength in Climate Change" (October 2009), "Smart Grid Technology Forum" University of Colorado (March 2009), "Carbon Capture and Sequestration-the Path Forward" (January and February 2008), "Carbon Sequestration Risks, Liabilities and Solutions" (July 2007), "Tips for Successful New Energy Facility Permitting" (January 2007), "An Industry Perspective of the Navajo Nation Clean Air Act Program" (September 2005), and "Regulatory and Air Quality Trends in the Rocky Mountains," Colorado Bar Association (March 2005). Publications include editing The Colorado Lawyer Special Issue, "Climate Change & Clean Energy" (October 2011); "The Regulatory Future of Clean, Reliable Energy: Increasing Distributed Generation" (October, 2011); "Kyoto Protocol Enters into Force" (February 2005); "Environment and Energy," Hogan & Hartson Climate Change Update (February 2005); and "The Grand Canyon Visibility Transport Commission: Reasonable Progress Toward the National Visibility Goal," Environmental Lawyer (June 1996).

REPRESENTATIVE EXPERIENCE
Represented Minnkota Power Cooperative and secured a major victory in the U.S. District Court for the District of North Dakota on a U.S. Environmental Protection Agency (EPA) Clean Air Act New Source Review (NSR) enforcement initiative. We settled the NSR case with the EPA and the State of North Dakota with an NSR Consent Decree lodged in federal court in North Dakota. The EPA exercised its dispute resolution rights under the consent decree, and asked the federal district court in North Dakota to vacate North Dakota's technology decision.

Representation of large natural gas E&P company in National Environmental Policy Act (NEPA) matter, including cutting edge Environmental Impact Statement air-related matters with the Bureau of Land Management, the EPA, states, and tribes.

Representation of several large western utilities in siting new coal and natural gas power plants, including Prevention of Significant Deterioration (PSD) permitting, NEPA advice, and transmission line siting issues.

Representation of utilities, refineries, and cement plants in defense of the EPA's New Source Review enforcement actions.

Representation of energy companies in expanding oil and gas development, including prevention of PSD permitting, NEPA consultation, endangered species act consultation, and National Historic Preservation Act consultation.

Representation of industry in cleaning up contaminated sites in Colorado, Nebraska, South Dakota, Nevada, Oklahoma, Texas, Wyoming, and Utah.

Hogan Lovells Publications
10 January 2012 "Environment Practice Secures Important Victory for Minnkota Power Cooperative." Environmental Alert, Hogan Lovells

May 2010 "Climate Change Newsletter." Climate Change Newsletter, Hogan Lovells

26 February 2010 "Overview of Guidance Issued by Colorado Air Pollution Control Division Regarding Oil and Gas Industry Produced Water Tank Batteries." Environmental Update, Hogan & Hartson LLP

Published Works
20 January 2012 "Distributed Generation." Energy, Utility & Environmental Conference, Phoenix, AZ

October 2011 "The Regulatory Future of Clean, Reliable Energy." The Colorado Lawyer, Colorado Bar Association

PRACTICES
Environment
Litigation, Arbitration and Employment
Energy
Climate Change
Administrative and Public Law
Latin America
INDUSTRY SECTORS
Energy and Natural Resources
Aerospace, Defense, and Government Services
Automotive
Pharmaceutical and Biotechnology
Food, Beverages, and Agriculture
Technology
Transportation
AREAS OF FOCUS
  • Air and Water Quality
  • National Environmental Policy Act
  • Environmental Litigation
  • Hazardous Wastes
  • Energy Siting and Permitting
EDUCATION
LL.M., with high honors, The George Washington University Law School, 1991 J.D., University of Nebraska College of Law, 1979 B.A., University of Nebraska-Lincoln, 1974
MEMBERSHIPS
  • Chairman, Air Regulatory Committee, Colorado Association of Commerce and Industry
  • Member, Denver Regional Air Quality Council
  • Member, Colorado Oil and Gas Association
  • Member, Colorado Petroleum Association
  • Member, American Bar Association SONREEL
  • Member, American Solar Energy Society Policy Committee
  • President, Board of Directors, American Lung Association, 2001-2002
AWARDS / RANKINGS
  • Chambers USA, Natural Resources & Environment, 2005-2011
  • Colorado Super Lawyers, 2007-2010
BAR ADMISSIONS / QUALIFICATIONS Colorado Nebraska
LANGUAGES French