DAVID A. BAILEY
Law Office of David A. Bailey
P.O. Box 350433
Westminster, Colorado 80035-0433
303-898-6531
PRACTICE AREAS
Water rights, water quality, environmental permitting and regulatory compliance. Environmental due diligence for the acquisition, lending, refinancing and evaluation of operational mining properties.
EXPERIENCE
Law Office of David A. Bailey
Focused practice of law on water rights (adjudication and transactional), water quality matters, environmental regulatory and permitting matters, wetland issues, public lands and mining, and natural resources and environmental litigation. Advise clients on matters arising under state water law and federal statutes including the Clean Water Act, NEPA, ESA, FLPMA and CERCLA. Litigate environmental and commercial claims for clients in natural resources businesses, including government permit applications of various types such as NPDES permits, special use permits, access issues, etc., and royalty-related disputes.
Of Counsel, Carver Schwarz McNab Kamper & Forbes LLC
November 1, 2017 to November 1, 2018
Law practice as described above.
Senior Director, Environment – Thompson Creek Metals Company Inc.
May 1, 2012 to May 31, 2017
Corporate level responsibility for environmental regulatory compliance and permitting at two molybdenum mines and a copper/gold mine. Participation in preparation of an Environmental Impact Statement in support of a mine expansion (Phase 8), a land exchange with the BLM, and issuance of a 404 permit under the Clean Water Act. At a moly mine in British Columbia, I participated in preparation and submission of a life-of-mine permit amendment under the Mines Act, including water quality issues arising under the mine’s Effluent Permit and implementation of a provincial Aquatic Effects Monitoring Program in addition to a federal Environmental Effects Monitoring program. At the copper/gold project in B.C., implemented the terms of its Mines Act permit, including preparation of an ISO 14001 compliant (not certified) Environmental Management System and obtained an amendment to the mine’s Environmental Assessment Certificate. Participation in negotiation of an Impact Benefits Agreement local First Nations and worked with the mine’s Mount Milligan Community Sustainability Committee for several years (a committee consisting of local community members and First Nations intended to maintain open lines of communication with the mine and to further sustainable activities to support the communities after the mine ceased operations). Assisted preparation of the company-wide annual corporate responsibility report, and developed a compliance plan for the Towards Sustainable Mining program developed by the Mining Association of Canada.
Prior Experience as an Attorney in Private Practice – Denver, Colorado
June 1, 1983 to April 30, 2012
Law practice as described above at:
• Carver Schwarz McNab & Bailey, LLC – 1999-2012
• Parcel, Mauro, Hultin & Spaanstra, P.C. – 1987-1999
• Holme Roberts & Owen – 1983-1987
EDUCATION
University of Colorado, J.D., 1983
Managing Editor, University of Colorado
Law Review, 1982-1983
University of Michigan, M.S., 1980
(Natural Resources Policy)
Arizona State University, B.S., 1977
(Political Science)
ADMITTED TO
State of Colorado
U.S. District Court - Colorado
U.S. Court of Appeals - Sixth Circuit,
Ninth Circuit, and Tenth Circuit
U.S. Supreme Court