Overview

Olivia Lucas helps businesses solve environmental regulatory and compliance challenges. She provides the creativity, ingenuity and hard work necessary to navigate the intricacies of state and federal environmental statutes and understands how to effectively interact with agency personnel during complex permitting and enforcement issues.
Olivia has worked for the electric utility, oil and gas, steel mill, uranium production, pharmaceutical, agricultural and food industries, among others.

Compliance and Permitting

Olivia guides businesses through compliance counseling and environmental permitting processes, focusing on the Clean Air Act and Clean Water Act Section 404. She helps develop air quality permitting strategies for both major and minor sources, addressing potential compliance and enforcement risks as well as emerging legal issues. She also helps clients understand intricacies of Clean Water Act Section 404 permitting issues.

Enforcement, Administrative Appeals and Litigation

Olivia represents industry and agricultural interests before state and federal agencies and commissions in enforcement, permitting and rulemaking actions under the Clean Air Act, Clean Water Act, and Comprehensive Environmental Response, Compensation & Liability Act (CERCLA). She has defended air quality enforcement matters throughout Colorado and the Midwest, negotiating with state and federal agencies on high-priority violation issues. She has defended enforcement of the Clean Water Act Section 404 and state analogs for agricultural and industrial interests in Indiana and Colorado.

When permitting or enforcement matters require agency or judicial adjudication, Olivia follows the regulatory process through to litigation. She has defended license approvals on appeal to the administrative agency, the district court and the court of appeals. She represents utilities in federal court challenges to air quality issues.

Water Rights

Olivia represents parties in Colorado water courts both as applicant and objector in groundwater and surface water matters, including transbasin diversions. She counsels clients in water rights transactional matters, including the purchase and sale of water rights, negotiation of water leases, and water rights title work and valuations. Additionally, Olivia has experience in water issues in multiparty adaptive management and transbasin negotiations. Olivia co-leads the water segment of the firm's energy and natural resources industry team.

Credentials

Bar Admissions

Wyoming
Oklahoma
Colorado

Court Admissions

U.S. Bankruptcy Court, District of Colorado
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of Wyoming

Clerkships

U.S. Court of Appeals for the Fifth Circuit, Hon. Rhesa H. Barksdale, 2004-2005

Education

University of Colorado Law School
J.D. University of Colorado Law Review (case note and comment editor) (2004)

Harvard University
B.A. cum laude (1998)

Insights & Events

Other Perspectives
  • Air Quality Litigation Update
    Rocky Mountain Mineral Law Foundation Special Institute on Air Quality Issues Affecting Oil, Gas and Mining Development and Operations, Denver, February 2018
  • Understanding Air Quality Compliance – Clean Air Act Enforcement in the Oil and Gas Industry
    Wyoming Water and Energy Law Conference, Cheyenne, March 2017
  • On the Horizon
    Guest, Notice & Comment: Faegre Baker Daniels Environmental Podcast, March 2017
  • Lessons Learned: What 25 Years of EPA Enforcement Tells Us About New Source Review (NSR) Routine Maintenance, Repair and Replacement Compliance
    2016 Indiana Environmental Conference, Indiana Chamber of Commerce, October 2016
  • Supreme Court Clean Air Act Jurisprudence in the 2013-14 Term: Cooperative Federalism and Agency Authority
    Bloomberg BNA Daily Environment Report, September 12, 2014
  • Greenhouse Gas Regulation: What's Next for Colorado?
    Law Week Colorado, August 25, 2014
  • Details of the Regulatory Framework: Air Quality Regulation of Oil and Gas Development
    University of Colorado School of Law Getches-Wilkinson Center's 35th Annual Martz Summer Conference - Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management, June 2014

Leadership & Community

Professional Associations

  • American Bar Association — Section of Environment, Energy and Resources, Air Quality Committee
  • Rocky Mountain Mineral Law Foundation
  • Colorado Women's Bar Association 
  • Denver Bar Association

Civic Activities

  • Women's Wilderness — Board Member
  • Rocky Mountain Harvard University Club — Schools Committee
  • Boulder Aquatic Masters — Past Secretary

Honors

  • Denver Business Journal — Who's Who in Energy, 2017
  • Denver Business Journal — Top Women in Energy, 2015-16
  • Colorado Super Lawyers — Rising Star, Environmental Litigation, 2010-15
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2015, 2017
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