Practice Areas


The firm’s attorneys regularly appear in state and federal courts, in proceedings involving construction contracts, bonds, and insurance policy disputes on behalf of insureds. We also represent clients in federal courts, state courts, including the SRBA Court, and in proceedings before state and federal agencies, including the EPA, FERC, IDWR, and DEQ, and in consultations with land and resource management agencies, including the Bureau of Reclamation, BLM, the Forest Service, the Fish and Wildlife Service, the National Marine Fisheries Service and their state counterparts.

We have represented clients in every part of the State, from the Coeur d’Alene Basin and the Rathdrum Prairie, and Latah County in the north to the Payette, Boise, Big Wood, Snake, Malheur, Big Lost, Salmon Basins, and Eastern Snake Plain Aquifer in the south. We have also appeared in courts and administrative proceedings throughout the northwest involving ESA, the Clean Water Act, and other environmental laws.

The firm’s clients include irrigation districts, canal companies, hydropower developers, project owners, mining companies, fish farms, construction companies, landowners, agricultural interests, and the regulated community in general.

Representative Cases


Construction:
Gillingham Construction, Inc. v. Newby-Wiggins Construction, Inc., 136 Idaho 887 (2002). Bott v. Idaho State Building Authority, 122 Idaho 471 (1992), after remand, 128 Idaho 580 (1996).

Water:
Savage Lateral Water Users v. Pulley, 125 Idaho 237 (1993)(ditch rights).
Clear Lakes Trout Co. v. Clear Springs Food Co., ___ Idaho ___ (2005)(water rights).
ASARCO v. State, 138 Idaho 719 (2003)(TMDLs).
U.S. v. State, 137 Idaho 654 (2002)(Indian water rights claim).
Sagewillow v. IDWR, 135 Idaho 24 (2000), after remand, ___ Idaho ___ (2003)(water rights).
A&B Irrigation Dist. v. Idaho Conservation League, 131 Idaho 411 (1997)(water rights).
State v. Hagerman Water Right Owners, Inc., 130 Idaho 736 (1997)(water rights).
Fort Hall Water Users v. U.S., 129 Idaho 39 (1996)(water rights).

Mining:
Coeur d’Alene Tribe v. ASARCO, 208 F.Supp.2d 1094 (D. Idaho 2003)(CERCLA-NRD).
Monarch Greenback v. Doe Run Resources, CV 98-0358-S-9JL (D. Idaho 2002)(CERCLA contribution).

Publications:
Barker, "When is a Release Not a Disposal" The Journey From Carson Harbor to Atlanta, Idaho. Advocate, Vol. 46, No. 2, 10 (Feb. 2003).
Barker & Burleigh, "Agricultural Chemicals and Groundwater Protection." Idaho Law Review, Vol. 30, No. 3, 443 (1994).
  Locations

1010 W. Jefferson St.,
Ste. 102
Boise, ID 83702
p 208.336.0700
f 208.344.6034

113 Main Avenue West
Suite 303
Twin Falls, ID 83301
p 208.733.0700
f 208.735.2444

 
 
Copyright 2005, Barker, Rosholt & Simpson, LLP. All rights reserved.