Administrative and regulatory law is an increasingly important area that combines law, politics, science, and public policy.  Preston crafts and presents arguments that contain the right mix of these elements to persuade decision-makers, whether elected officials, agency personnel, or judges.  

Preston focuses on environmental law, but his expertise extends to a variety of contexts. He represents clients in administrative proceedings or negotiations with the Idaho Department of Environmental Quality, the Idaho Department of Water Resources, the Idaho Department of Agriculture, the Idaho Department of Administration, the Idaho State Tax Commission, the Idaho State Police, Office of Alcohol Beverage Control, the United States Environmental Protection Agency, the United States Forest Service and other state and federal agencies. He also helps clients obtain entitlements and economic incentives from city, county, and state governments.   

While no one wants to end up in court, sometimes it cannot be avoided. Preston represents clients in judicial appeals and related lawsuits in federal and state court. He also defends clients from suits brought by third parties, such as environmental or neighborhood opposition groups, in state and federal court. Preston’s litigation experience buttresses his administrative law expertise.     

When not working, Preston spends his time trail running, hiking, hunting, fishing, and enjoying the Idaho outdoors with his wife and two children.         

Recognition

  • Mountain States Super Lawyers, Rising Star, 2017

Education

  • J.D., Notre Dame Law School 2010, summa cum laude
  • Dean Joseph O’Meara Award for Outstanding Academic Achievement
  • Executive Articles Editor, Notre Dame Law Review
  • BBA Finance, Political Science, University of Notre Dame 2007, cum laude

Admissions

  • Idaho
  • U.S. District Court (Idaho)
  • U.S. Court of Appeals for the Ninth Circuit

Judicial Clerkship

  • Hon. Paul J. Kelly, Jr., United States Court of Appeals for the Tenth Circuit

Community Involvement

  • Commissioner, Boise Parks and Recreation Commission (2016-present)
  • Participant, Leadership Boise (2015-2017)
  • Member, Environmental and Natural Resources Section, Idaho State Bar
  • Defended clients in enforcement proceedings brought by the United States Environmental Protection Agency (EPA), the Idaho Department of Environmental Quality (DEQ), and the Idaho State Department of Agriculture (ISDA)
  • Defended federal lawsuits brought by environmental groups under the Resource Conservation and Recovery Act (RCRA)
  • Represented industrial and municipal clients in negotiating and obtaining National Pollution Discharge Elimination System (NPDES) permits from the Environmental Protection Agency (EPA)
  • Represented industry intervenors in federal lawsuits under the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Wilderness Act
  • Represented County and industry plaintiffs in federal lawsuits under NEPA
  • Defended clients in enforcement proceeding brought by the Idaho State Police, Alcohol Beverage Control (ABC), in part by filing federal civil rights lawsuit
  • Assisted clients in various stages of mining activity, including drafting and negotiating Plans of Operation, ensuring compliance with regulations, coordinating environmental analyses, and, where necessary, challenging or defending agency action through administrative processes and by filing or defending against federal lawsuits
  • Represented renewable energy projects in administrative proceedings before the Idaho Public Utilities Commission
  • Assisted clients in obtaining economic incentives and necessary entitlements from state and local governments 
  • Assisted clients in obtaining licenses and tax exemptions from the Idaho State Tax Commission
  • Challenged procurement awards made by the Idaho Department of Administration in administrative proceedings and in court
  • Represented clients in land use proceedings and ensuing litigation
  • If an (Endangered) Tree Falls in the Forest, and No One Is Around Resolving the Divergence Between Standing Requirements and Congressional Intent in Environmental Legislation, 84 Notre Dame Law Review 2191 (2009)
  • NBI Seminar, Farm Business Law: Regulatory Update, discussing recent regulatory developments related to agriculture, including under the Food Safety Modernization Act (FSMA), the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act
  • NBI Seminar, Agricultural Water Law: Regulatory Update, discussing recent regulatory developments, including under the Food Safety Modernization Act (FSMA), the Clean Water Act, the Safe Drinking Water Act, and the Resource Conservation and Recovery Act