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Maribeth M. Klein

Maribeth M. Klein

Counsel| Phoenix

Maribeth Klein concentrates her practice in the areas of environmental and natural resources law and environmental litigation. She represents clients in state and federal superfund matters including responding to agency information requests, administrative orders, PRP group participation, natural resource damages assessments and litigation. Maribeth has experience working with scientists in fields such as geochemistry, hydrogeology, environmental engineering and petroleum formulation to assess environmental contamination at various sites and develop expert reports and trial testimony.

Maribeth also represents clients in enforcement defense matters concerning environmental laws at the local, state and federal level. She has represented clients in an array of permitting compliance and enforcement actions concerning the Clean Water Act and Clean Air Act and state and local programs, and also has experience in seeking utility rate increases from the Arizona Corporation Commission.

Maribeth's transactional practice involves addressing various matters relating to mining, such as U.S. Forest Service and Bureau of Land Management procedures, requirements and permitting as well as permit transfer and amendment requirements for uranium mining licenses issued by the Nuclear Regulatory Commission. She has assessed the permitting needs for several renewable energy projects including multiple utility-scale wind projects in Kansas and Oklahoma and planned biomass facilities on the East Coast. Maribeth also has counseled clients through corporate transactions involving extensive environmental due diligence, advising clients on the contractual allocation of environmental liabilities and the transfer of environmental permits and authorizations.

Maribeth served as in-house counsel on an interim basis for an international diversified natural resources company where she monitored proposed federal energy legislation and assessed the constitutionality of various proposals, counseled clients regarding technology license agreements and engineering services contracts, and assisted with a response to a Senate inquiry.

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  • Assessed natural resource damages (NRD) claims with a mining and milling facility including detailed assessments of the factual and legal basis for asserting various defenses to NRD claims
  • Represented lubricant manufacturer in matter arising out of contamination at a former drum recycling operation
  • Assessed NRD claims, defenses and causes of action related to a coal-tar plume commingled with petroleum releases from underground storage tanks
  • Member of litigation team in multi-year Federal Court litigation of CERCLA claims arising from the historic contamination of a creek by multiple copper mines
Environmental Defense / Environmental Litigation
  • Defense of ready-mix business against allegations of numerous EPCRA violations
  • Representation of small business owner in self-disclosure of EPCRA and Clean Water Act compliance matters
  • Provided advice regarding the defense of U.S. EPA enforcement matter concerning alleged violations of Stratospheric Ozone Protection rules under the Clean Air Act
  • Representation of a small business regarding dust control violations alleged by the Maricopa County Air Quality Department
  • Defense of a large international sand and gravel mining company from allegations of violations of flood control regulations brought by Pinal County, Arizona
  • Representation of a large international sand and gravel mining company in the prosecution of claims for contribution and indemnification for remedial obligation in State Court
  • Defense of alleged NPDES permit violations
Environmental Due Diligence
  • Advised client regarding amendment and transfer of federal and state licenses associated with a uranium mine
  • Conducted environmental due diligence on several utility-scale wind projects, including the assessment of the necessary permits and permit transfer obligations
  • Advised clients on environmental permits necessary for various biomass projects
  • Advised client in the oil and gas industry on regulatory options and restrictions for handling and treating wastewater from hydraulic fracking
  • Conducted environmental due diligence regarding historic liabilities associated with federally permitted mine in connection with transaction
  • Advised client on the permitting requirements for a tires-to-fuel facility
  • Counseled client on the 404 permitting process
Additional Experience
  • Advised client regarding U.S. Forest Service grazing lease rules and regulations
  • Represented a small water company seeking a rate increase before the Arizona Corporation Commission
  • Provided general counseling on protecting the attorney-client privilege and work product protections when dealing with consultants, testifying experts and the interplay between litigation consultants and testifying experts
  • Provided advice regarding the abandonment and dismantling of a Class III rail line
  • University of Minnesota Law School (J.D., magna cum laude, 2005)
    • Order of the Coif
    • National Moot Court
    • Extern for the U.S. District Court of Minnesota
  • University of Minnesota (B.Ch.E., Chemical Engineering, with distinction, 1999)
  • American Bar Association
    • Environmental Committee
    • Energy and Resources Section
    • Constitutional Law Committee
  • Environmental Professionals of Arizona (2012-present)
    • Gatekeeper Regulatory Roundup Conference Planning Committee (2011-present)
  • Maricopa County Bar Association
    • Environmental Law Section
      • Board Member (2006-2012)
      • Chair (2010)
  • State Bar of Arizona
    • Environmental and Natural Resources Law Section
      • Chair (2015-2016)
      • Chair-Elect (2014-2015)
      • Treasurer (2013-2014)
      • Secretary (2012-2013)
      • Board Member (2010-present)
  • "Clean Water Act," Guest Lecturer, ASU Fulton School of Engineering, the Polytechnic School (September 22, 2016)
  • "They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado," Author, Snell & Wilmer Environmental & Natural Resources Law Blog (July 22, 2016)
  • "CERCLA Natural Resource Damages," Guest Lecturer, ASU Fulton School of Engineering, The Polytechnic School (October 8, 2015)
  • "Deadlines for EPA’s New General Permit for Stormwater Discharges from Industrial Activities Approaching Fast," Author, Snell & Wilmer Environmental & Natural Resources Law Blog (July 7, 2015)
  • "Future Regulation of 'Waters of the United States,'" Co-Author, ABA Natural Resources and Environment, Vol. 29, No. 2 (Fall 2014)
  • "Administrative Rulemaking," Guest Lecturer, ASU Fulton School of Engineering, The Polytechnic School, Environmental Resource Management (September 24, 2014)
  • “EPA’s Proposed Navigable Waters Rule,” Presenter, Environmental Professionals of Arizona Monthly Luncheon Meeting (September 11, 2014)
  • "CERCLA Updates," Arizona State Bar Convention, Environmental Law Section - Where We Are (June 2014)
  • "Navigating Natural Resources Damages Claims," Co-Presenter, Tenth Annual Gatekeeper Regulatory Roundup (February 2014)
  • "Overview of Air Quality Regulations," Co-Presenter, 2013 Air Quality Conference (November 2013)
  • "Arizona Chapter of Brownfields Law and Practice, Release 31," Co-Author (Fall 2013)
  • "CERCLA Updates," Arizona State Bar Convention, What's Happening and What's Coming in Environmental Law (June 2013)
  • "EPCRA Tier II Reporting Violations: Enforcement Defense and Penalty Resolution Strategies," Co-Presenter, Ninth Annual Gatekeeper Regulatory Roundup (April 2013)
  • "EPA Drones in the Sky - From Fiction to Fact?" American Bar Association, Section of Environment, Energy and Resources, Constitutional Law Committee Newsletter (February 2013)
  • "Arizona Chapter of Brownfields Law and Practice, Release 29," Co-Author (Fall 2012)
  • "Big Brother is Here: How the government is watching your operations without your knowledge," Co-Presenter, Arizona Manufacturers Council and Arizona Chamber of Commerce 2012 Environmental and Sustainability Summit (August 2012)
  • "Arizona's New Environmental Audit Privilege - Are You Really Protected?" Co-Presenter (June 2012)
  • "EPA Delays Effective Date of December 5, 2008 SPCC Amendments Until 2010," ENRLS Update, State Bar of Arizona (January 2010)
  • "Overview of SPCC Rule Amendments," Co-Presenter, Arizona Chamber and Manufacturer's Council Environment Committee Breakfast Meeting (April 2009)
  • "Regulatory Developments, EPA Extends Audit Policy to New Owners," Contributor, Journal of Environmental Management Arizona (2008)
  • "EPA Determined to Proceed with NPDES Permit Fee Incentive for Clean Water Act Section 106 Grants," Co-Author, ENRLS Update, State Bar of Arizona (April 2007)
  • Southwest Super Lawyers®, Rising Stars Edition, Environmental (2014-2015)
  • Junior Achievement, Volunteer Classroom Instructor
  • Arizona State Parks Foundation, Board Member (2012-2015)
  • Polsinelli PC, Shareholder
  • Bryan Cave, Associate
  • Arizona
  • Minnesota
  • Supreme Court of Arizona
  • Supreme Court of Minnesota
  • United States Court of Appeals, Ninth Circuit