Barker Rosholt & Simpson LLP

Practice Areas

The firm’s attorneys regularly represent clients in the following areas of practice:

WATER RIGHTS: The attorneys of Barker Rosholt & Simpson, LLP have represented many water rights claimants in the Snake River Basin Adjudication, as well as with matters initiated and pursued with the Idaho Department of Water Resources. Our representation extends from the initiation of a claim for a water right, throughout the process of development of the rights, permits and licenses, and also to sales and transfers of water rights.

ENVIRONMENTAL (ESA/CWA): Barker Rosholt & Simpson, LLP represents clients in both state and federal courts and before both state and federal agencies relating to enforcement actions concerning the CERCLA, the Clean Water Act and the Endangered Species Act, NEPA, and their state counterparts. We also advise clients on compliance and regulatory issues under these acts, including NPDES permitting, 303(d), cleanup obligations and consultations with agencies under these acts.

MINING: The firm’s attorneys have provided advice to mining companies on a wide variety of issues and have represented clients in litigation arising from their mining interests including, among others, environmental litigation and land entry matters.

PUBLIC LANDS: Barker Rosholt & Simpson, LLP, regularly represents corporations and ranchers in public land use matters relating on grazing, mining and other land use matters, including administrative and judicial proceedings.

HYDROPOWER: The firm’s attorneys have a long history of assisting clients with the development of hydropower plants, from the initial application for water rights through Federal Energy Regulatory Commission (“FERC”) licensing, and the eventual construction of a power plant. We regularly assist our hydropower clients with the changing regulatory environment. Additionally the firm assists clients in the FERC relicensing process.

CONSTRUCTION: We have extensive experience in review and the drafting of agreements of construction projects. The firm’s attorneys are very familiar with the public bidding statutes and requirements, including bid contests, representing both public entities and contractors seeking to do business with public entities. Additionally, the firm has represented numerous clients in arbitration, mediation and litigation arising from construction projects in both state and federal courts.

GENERAL COMMERCIAL LITIGATION AND BUSINESS CONSULTING: While our firm has developed a practice serving the natural resource and construction litigation needs of our clients, we also provide litigation assistance to our clients in matters arising from insurance coverage advice and litigation on behalf of insureds. We have prosecuted and defended many varieties of commercial litigation, including contractual disputes, antitrust, trademark, employment, and non-compete agreements. We also consult with our clients on a wide array of business matters.

Representative Cases

Construction:
Gillingham Construction, Inc. v. Newby-Wiggins Construction, Inc., 142 Idaho 15 (2005), and 136 Idaho 887 (2002).

Bott v. Idaho State Building Authority, 122 Idaho 471 (1992), after remand, 128 Idaho 580 (1996).

Water:
United State v. Pioneer Irr. Dist., 144 Idaho 106 (2007)(ownership of stored water rights).

Bray v. Pioneer Irr. Dist., 144 Idaho 116 (2007)(ownership of store water rights).

American Falls Res. Dist. No. 2 v. IDWR, 143 Idaho 862 (2007)(conjunctive management rules).

Clear Lakes Trout Co. v. Clear Springs Food Co., 141 Idaho 117 (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, 138 Idaho 831 (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).

Savage Lateral Water Users v. Pulley, 125 Idaho 237 (1993)(ditch rights).

Mining:
Greater Yellowstone Coalition v. Timchak, 2008 WL 5171754 (2008)(D.Idaho)(NEPA, CWA).

Greater Yellowstone Coalition v. Reese, 392 F.Supp.2d 1234 (2005)(D.Idaho)(NEPA).

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).

Public Lands:
Western Watersheds Project v. Dyer, 2008 WL 1803776 (2008)(D.Idaho)(Grazing).

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).