Brandon Rattiner focuses on decarbonization, remediation, and infrastructure issues. His practice includes regulatory, policy, litigation, and transactional work.

Brandon uses his extensive knowledge of current and emerging trends in climate law and technology to help clients in multiple contexts. He represents clients in proceedings involving topics like electric resource planning, resource and transmission project approvals, emissions reductions rulemakings, electric vehicle integration, and environmental justice. He helps established and startup businesses respond to ever-changing regulatory requirements and opportunities. He also advises clients developing greener transit and infrastructure.

Brandon also advises clients on the intersection of environmental, contamination, and land use law. He has helped clients litigate cleanup costs under CERCLA, evaluate legal exposure for threatened releases of hazardous substances under statutory and common law, assess environmental contamination risks in corporate transactions, and remediate and redevelop contaminated properties. He has counseled clients during investigations by DOJ, EPA, and various state regulators like the California Air and Resources Board and the Colorado Department of Public Health and Environment. Additionally, he has litigated and advised clients on public lands and NEPA issues.

Brandon previously served as U.S. Senator Mark Udall’s Denver Metro Area Regional Director and helped lead efforts to protect and increase funding for land conservation during multiple Colorado General Assembly sessions. Drawing on these experiences, Brandon advises clients on sensitive government and public policy issues. He has drafted ballot measures, legislative text, and intergovernmental agreements, and he regularly counsels clients on pending bills and rules. Brandon also acts as general counsel to various special districts and boards, and he has deep expertise in governance issues and laws like TABOR, the Local Government Budget Law of Colorado, the Colorado Open Meetings Law, and the Colorado Open Records Act.

Prior to joining the Firm, Brandon worked as an associate at a large global law firm and clerked for the Honorable Carolyn McHugh of the U.S. Court of Appeals for the Tenth Circuit. During law school, he interned for the Honorable Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit, at the Department of Justice in the Environmental Enforcement Section of the Environment and Natural Resources Division, and for the Environmental Defense Fund’s Climate and Air Program. He also served as an Executive Articles Editor of the Georgetown Law Journal.

 

Representative Experience

Energy

• Representing independent power producer in electric resource planning proceedings before the Colorado PUC.
• Representing developer of transmission line navigating regulatory and land use approval processes across numerous jurisdictions.
• Representing startup company piloting carbon dioxide removal projects on complying with climate change regulations, carbon capture verification, and various monetization regimes.
• Represented independent power producer in drafting project development and sale agreements for hydrogen electrolyzer, and in responding to funding opportunities for hydrogen development presented by the Inflation Reduction Act.
• Represented electric cooperative association in solicitating and negotiating a power purchase agreement to bolster renewable generation.
• Represented power generation company exploring integration of geothermal generation facilities into their portfolio.
• Representing environmental groups and local governments advocating for GHG emissions reductions in multiple rulemakings before state PUCs and the Colorado Air Quality Control Commission.

Remediation

• Representing public utility in evaluating liability issues under CERCLA, RCRA, state law, and common law for threatened releases of hazardous substances from landfills.
• Representing public utility in settlement negotiations resolving liability under CERCLA for arranging the disposal of hazardous materials at a superfund site.
• Representing LLC reclaiming uranium processing mills in hearings before and negotiations with state regulators.
• Representing property developer in negotiations with EPA and state regulators to develop formerly contaminated land into multiuse development.
• Represented manufacturer in settlement negotiations resolving CERCLA and CWA liability for mercury contamination in a river.
• Represented manufacturers and investment firms in drafting documents allocating environmental risks in multiple purchases of contaminated properties.

Other Environmental and Infrastructure

• Representing conservation and scientific organizations in litigation to protect the size of the Grand Staircase-Escalante National Monument and Bears Ears National Monument.
• Representing the Front Range Passenger Rail District as general counsel.
• Represented Eagle County in creating the Eagle Valley Transportation Authority.
• Representing environmental groups participating in grid modernization and distributed energy rulemakings in California.
• Represented clients in investigations by the Environmental Protection Agency, the Department of Justice, and the California Air Resources Board
• Represented a policyholder in litigation resolving hurricane damage insurance claims, resulting in a $247 million settlement
• Represented an auto manufacturer on applications for certificate of conformity, ABT credits, AECD disclosures, defect reporting, engine labeling, delegated assembly, and other mobile source issues
• Represented civil rights organizations as part of a voter intimidation rapid response team during the 2020 election

Professional and Civic Activities

• Board Member, Jewish Colorado (2023-present)
• Chair of Education & Legislative Affairs Committee, Colorado Jewish Community Relations Council (2012-15, 2022-present)
• Executive Energy Leadership Academy Graduate, National Renewable Energy Lab (2013)
• Citizens' Academy Graduate, Denver Regional Council of Governments (2012)
• Member, Colorado Bar Association, Environmental Law and Natural Resources and Energy Section

Awards and Honors

• 1st Place, ABA Public Land and Resources Law Student Writing Competition (2018)
• 3rd Place, ABA Energy Law Student Writing Competition (2018)