Mr. Lofland is an associate in the Firm's Water, Energy, Resources and Environment and Litigation Practice Groups. He joined the Firm immediately after he graduated from the Sandra Day O' Connor College of Law at Arizona State University where he received his J.D. and an Indian Legal Certificate.
He works with clients of all sizes, ranging from individuals to industry leaders in renewable and conventional energy, transmission, water development, and mining. He focuses on environmental permitting, compliance, due diligence, and environmental and general commercial litigation.Environmental Permitting and Compliance
Mr. Lofland helps his clients acquire, maintain and defend federal, state, and local environmental permits involving air quality, water quality, and land-use generally. His experience includes preparing and reviewing permit applications; negotiating permit terms with regulators; advocating on behalf of clients in permitting and enforcement proceedings; providing policy and compliance advice with respect to the National Environmental Policy Act ("NEPA"), Endangered Species Act ("ESA"), National Historic Preservation Act ("NHPA"), migratory bird issues, air quality, water quality, and advising on legislative and regulatory processes affecting environmental regulatory developments in the Southwest. Some recent examples of work include:
- Securing air quality permits for a coal mining operation.
- Providing support and helping ensure compliance with NEPA and other environmental laws with a multi-state electrical transmission project.
- Providing support and helping ensure compliance with NEPA and other environmental laws with a 300+ mile water pipeline.
- Securing determinations from EPA and state agencies regarding discrete provisions and applicability of regulations under the Clean Air Act.
- Providing support and helping ensure compliance with NEPA and other environmental laws with a land exchange between a private landowner and the BLM.
- Working with technical experts and consultants in the development of reports and opinions regarding client case-related issues and project proposals in order to integrate legal requirements and technical findings and opinions.
Mr. Lofland regularly appears before administrative agencies and in both federal and state courts and handles client needs at all stages of litigation including pre-litigation assessment and investigation, preparation of pleadings, discovery, motion practice, preliminary injunctive hearings, evidentiary hearings, trials, and appeals. In the area of water resources, his work has included water rights litigation, including stream adjudications. He has also represented and secured positive outcomes for clients before the Interior Board of Land Appeals in which environmental organizations have appealed the issuance of a right-of-way by the BLM. He has likewise represented clients in defending against state enforcement actions, both at the administrative and state court levels.
His work in the Litigation Practice Group involves representation of clients with their general commercial litigation issues, representation of lending and servicing institutions in consumer actions, and surety defense.Environmental Due Diligence
Mr. Lofland performs environmental due diligence in business and real property transactions for real estate lenders, sellers, and prospective purchasers. His experience includes reviewing and developing legal opinions with respect to environmental permits and licenses, Phase I and Phase II Environmental Site Assessments, and environmental resource reports. His work has also included providing local due diligence support, including rendering legal opinions, for international law firms with clients who have transactions involving Arizona and Nevada specific issues.Federal Indian Law
Mr. Lofland is an enrolled tribal member of the Wyandotte Nation of Oklahoma, and dedicated a significant portion of his law school studies to understanding the unique issues associated with Federal Indian Law. In connection with his environmental law and litigation work, he has worked on several issues involving Federal Indian Law. Some examples of work include:
Outside of the Firm
- Providing support in negotiating settlements between private developers and Indian Tribes, including efforts to have the settlement approved by Congress.
- Representing clients in Tribal court in general commercial litigation matters.
- Drafting protocols and client advisories for non-tribal business operations in "Indian Country."
- Providing support in land transfers of restricted and trust land.
He regularly provides pro bono services, volunteering with organizations like the Florence Immigrant Refugee Rights Project and the U.S. District Court of Arizona's pro bono program.
He is originally from a small rural town, Scappoose, Oregon. Before going to law school, he spent a year working at Villanova Preparatory School as a residential life supervisor and substitute teacher. He attended Stanford University where he was a Division One wrestler and earned a bachelor's degree in Sociology with Departmental Honors. He enjoys martial arts, wrestling and spending time with his family.