Preston N. Carter - Givens Pursley LLP

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Administrative law combines law, politics, science, and public policy. Preston presents arguments with the right mix of these elements to persuade elected officials, agency personnel, judges and other decision makers.

Preston focuses on environmental law but his expertise extends to a variety of contexts. He represents clients in negotiations and administrative proceedings with State and Federal agencies, including the Idaho Department of Environmental Quality, the Idaho Public Utilities Commission, 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, and the United States Forest Service, among others. He also helps clients obtain entitlements and economic incentives from city, county, and state governments.

Preston’s litigation experience buttresses his administrative law expertise. He represents clients in judicial appeals and other lawsuits in federal and state court.

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

Recognition

Mountain States Super Lawyers, Rising Star, Environmental Litigation 2017, 2018, 2019, 2020, 2021, 2022
Chambers USA, America's Leading Lawyers for Business (Natural Resources & Environment)

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

Representative matters include the following.

Environmental litigation

Defended clients, including mining companies, public utilities, and dairy facilities in federal citizen-suits under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA).
Represented clients, including mining companies and Idaho Counties, as intervenor-defendants and as plaintiffs in federal lawsuits under the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Wilderness Act.
Represented clients, including agricultural entities and mining companies, in federal and state litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Represented clients from a broad range of industries, including food processing facilities, dairies, renewable energy facilities, and others in investigations and enforcement actions brought by the United States Environmental Protection Agency (EPA), the Idaho Department of Environmental Quality (IDEQ), the Idaho State Department of Agriculture (ISDA), and the Idaho Department of Water Resources (IDWR).

Permitting

Represented a wide range of clients, including dairies, municipalities, food processing facilities, renewable energy facilities, and industrial facilities, in obtaining state and federal permits and authorizations under the CWA, the Clean Air Act (CAA), and state and local laws and ordinances.
Represented clients, including mining companies and individuals, in negotiating and obtaining Plans of Operation and related authorizations to allow mining, access, and related activities on federal and state property.
Represented clients, including municipalities and citizens, in state and federal litigation stemming from road creation and abandonment proceedings, and related matters, throughout the state.
Represented clients, including regulated water and natural gas utilities and renewable energy companies, in proceedings in front of the Idaho Public Utilities Commission (IPUC) and the Federal Energy Regulatory Commission (FERC).
Represented renewable energy facilities at the diligence, permitting, financing, construction, and operational phases regarding permitting, compliance, and related matters.

Road and access litigation

Represented clients, including municipalities and citizens, in state and federal litigation stemming from road creation and abandonment proceedings, and related matters, throughout the state.

Public utilities and energy

Represented clients, including regulated water and natural gas utilities and renewable energy companies, in proceedings in front of the Idaho Public Utilities Commission (IPUC) and the Federal Energy Regulatory Commission (FERC).
Represented renewable energy facilities at the diligence, permitting, financing, construction, and operational phases regarding permitting, compliance, and related matters.

Tax

Represented clients from a wide variety of industries in obtaining tax and other economic incentives.
Represented clients, including renewable energy facilities, before the Idaho State Tax Commission in administrative proceedings related to the applicability of certain tax exemptions.
Represented clients, including natural-gas processing facilities, in tax appeals challenging the valuation of facilities and equipment.

General administrative proceedings and litigation

Represented client in administrative proceeding before the Public Employment Retirement System of Idaho (PERSI) Board related to the client’s retirement benefits.
Represented client in administrative proceeding and related federal civil-rights litigation with the Idaho State Police, Alcohol Beverage Control related to liquor licensing.
Represented client in judicial enforcement action related to campaign finance disclosures brought by the Idaho Secretary of State.
Represented clients, including large companies, renewable energy facilities, and individuals in various proceedings with the Idaho Department of Lands (IDL).
Represented clients from a wide variety of industries in challenging procurement awards made by a variety of Idaho agencies. Representation included subsequent litigation challenging the procurement process.

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