Julie Rosen

Julie Rosen

Shareholder

jrosen@wsmtlaw.com
Main: 303-830-2500
Licensed in: Colorado, District Of Columbia


OverviewExperience & ResultsPractice AreasHonors & InsightsEducation & Admissions
Overview

Julie represents clients in environmental and energy issues, including regulatory, permitting, compliance, enforcement defense, rulemakings, transactions and related litigation in federal and state, trial and appellate courts. Her clients include a variety of manufacturing companies, electric utilities, water and wastewater utilities, mining operations, waste disposal operators, agricultural operations, municipalities, individual landowners, real estate developers and financial institutions.

Julie has assisted clients with matters involving air quality, water quality, brownfields redevelopment, asbestos, land use, and other environmental issues. Julie is also experienced in related issues, such as National Environmental Policy Act (NEPA) processes, National Historic Preservation Act (NHPA) reviews, Wild and Scenic Rivers Act issues and Endangered Species Act matters.

Julie has frequently performed evaluations of potential CERCLA or state clean-up liability for prospective purchasers or lenders. She represents prospective purchasers during the due diligence process to assess legal risks based on environmental conditions and to help clients secure insurance and manage environmental issues that may affect financing.

Julie brings a diverse background in environmental law and policy to her practice.  Prior to law school, Julie was a lobbyist for the State of Arizona fish and wildlife regulatory agency.  While in law school, Julie clerked for the White House Council on Environmental Quality in Washington, D.C.  After graduating from law school, Julie clerked for the Honorable Anne Mansfield at the Denver District Court. Prior to joining Welborn Sullivan Meck & Tooley, P.C. Julie was a shareholder in the Denver office of a regional law firm.

Experience & Results
  • Obtained and modified air emission permits, including construction or Title V permits, with NSPS, NESHAP/MACT, and RACT applicability, for mining operations, manufacturers, electric generating units
  • Obtained air emission permits for new manufacturing facilities and successfully defended the status of those facilities as separate sources, the air emissions from which would not be appropriate for aggregation
  • Represented a municipal utility in a state rulemaking hearing to set groundwater quality standards for per- and polyfluoroalkyl substances (PFAS)
  • Negotiated consent decrees and compliance orders to resolve alleged air emission limit exceedances, alleged non-compliant discharges into waterways and alleged non-compliant disposal of solid and hazardous waste
  • Defended administrative enforcement actions pertaining to the Clean Water Act, Clean Air Act, and solid waste or hazardous materials issues
  • Developed company policies to manage environmental issues, such as asbestos-containing materials, to reduce or eliminate compliance risks
  • Represented an electric utility in a Tenth Circuit Court of Appeals case to defend an EPA-approved State Implementation Plan concerning the Clean Air Act’s Regional Haze program
  • Represented a subsidiary of a Fortune 500 company in a CERCLA contribution case before the U.S. District Court of Colorado
  • Represented an entity remediating a municipal solid waste landfill where asbestos-containing materials and large amounts of asbestos-contaminated soil had been disturbed
  • Evaluated potential business risks and future liabilities associated with acquisition of a water right to water flowing from a contaminated mine and into jurisdictional waters
  • Assessed potential CERCLA liability of lenders in real estate transactions, including acquisitions and foreclosures
  • Facilitated real estate and building acquisitions by evaluating environmental site assessments and identifying potential liability under CERCLA and state clean-up program
  • Developed environmental disclosures, waivers and releases for a client acquiring and selling properties at a former airport site
  • Participated in EPA rulemaking concerning affirmative defenses to air emission exceedances during startup, shutdown or malfunction activities
  • Participated in numerous Colorado Air Quality Control Commission rulemakings concerning air quality rule and policy developments
  • Obtained a BLM determination respecting a Wild and Scenic River eligibility designation proposal
  • Participated in state and EPA rulemakings relating to Regional Haze / Visibility State Implementation Plans and Federal Implementation Plans.
Practice Areas
  • Environmental Permitting and Compliance
  • Environmental Litigation
  • Energy
  • Mining
  • Due Diligence
  • Natural Resources
  • Federal and State Regulatory Agency Rulemaking and Policy Development
  • Landowner Issues
  • Land Use and Zoning
Honors
  • 2018 Colorado Super Lawyers Rising Star
Professional & Community Activities
  • Volunteer for Colorado Lawyers Committee
  • Volunteer for March of Dimes Foundation
  • Colorado Lawyers Committee, Denver Legal Nights and Project Homeless Connect, Volunteer
  • Member of Air and Waste Management Association
Publications
  • Regulating Water Security in Unconventional Oil and Gas, Co-author, Chapter 5 “Frac Water Acquisition in the Major U.S. Unconventional Oil and Gas Plays,” Springer, 1st ed. 2020
  • “Clean Water Act Groundwater Pollution Liability in Limbo,” Ryley Carlock & Applewhite , October 2018
  • “Clean Power Plan’s Needs May Increase Wetland Banking,” Natural Gas & Electricity Journal, November 2015
  • “Should Colorado Methane Regulations Serve as Model for Federal Rules,” Natural Gas & Electricity Journal, September 2015
  • “Wide Reach Migratory Bird Treaty Act for Energy Projects,” Natural Gas & Electricity Journal, June 2015
  • “Source Aggregation: When Are Multiple Facilities Considered One by EPA?,” Natural Gas & Electricity Journal, April 2015
  • “Source Aggregation: Recent Court Decision Addresses Whether Certain Facilities are ‘Adjacent’,” Natural Gas & Electricity Journal, March 2015
  • “EPA Proposes Eliminating State Regulations as to Startup, Shutdown, and Malfunction Emissions,” Natural Gas & Electricity, February 2015
  • “EPA Issues Changes to Due Diligence Requirements for AAI Under CERCLA,” Ryley Carlock & Applewhite Client Alert, October 2014
  • “Evaluating Environmental Risks in Real Estate Transactions,” Ryley Carlock & Applewhite Article, May 2014
  • “Money for the Cause: A Complete Guide to Event Fundraising,” Texas A&M University Press, January 2012
Speaking Engagements
  • “Ozone State Implementation Plan Update,” CBA Environmental Law Section CLE Program, December 2016
  • “Affirmative Defense Rulemakings in Arizona: Rules on Excess Air Emissions During Startups, Shutdowns and Malfunctions (SSM) Will Soon Change,” Ryley Carlock & Applewhite Seminar, March 2016
Education
  • B.A., cum laude, Arizona State University, 2004
  • J.D., Vermont Law School, 2008
Bar Admissions / Qualifications
  • Colorado, 2008
  • U.S. Court of Appeals, Ninth Circuit, 2013
  • U.S. Court of Appeals, Tenth Circuit, 2013
  • U.S. District Court, District of Colorado, 2013