John E. Putnam

Previous U.S. Department of Transportation Experience

• Legal advisor to the U.S. Secretary of Transportation and Chief Legal Officer
• Oversaw all legal work for the Department of Transportation and acted as final authority within the Department on questions of law
• Acted as chief regulatory official at the Department, responsible for overseeing and helping implement over 300 regulations on the Department’s regulatory agenda. This included critical rulemakings on: Automated vehicles, Powered lift and eVTOLs, Corporate Average Fuel Economy Standards, Aviation consumer protection and rights for disabled passengers, Aviation, rail, pipeline and commercial vehicle safety, Electric Vehicle Charging, Automatic emergency braking, Build America, Buy America Act, and Pipeline Safety and Emissions
• Supported passage and implementation of the Infrastructure Investment and Jobs Act, including development of new discretionary grant programs and regulatory directions
• Oversaw development and release of all notices of funding opportunity, program guidance and award packages under the IIJA
• Was a member of the Senior Review Team for multiple USDOT discretionary grant programs, including RAISE, MEGA, INFRA, and RURAL
• Coordinated with DOT and other federal agencies to enhance project delivery and improve NEPA and other permitting processes
• Coordinated with DOT and FAA team on the Reauthorization of FAA
• Oversaw Office of Aviation Consumer Protection in the Office of the General Counsel, including initiatives to enhance consumer protection and civil rights
• Oversaw legal enforcement efforts at USDOT and released new enforcement strategy; involved in major enforcement matter initiation and settlement
• Oversaw DOT litigation portfolio, including recommendations on positions to be taken at the United States Supreme Court
• Oversaw DOT involvement with other agencies and tribunals such as the Surface Transportation Board and the Federal Communications Commission, for example in matters relating to Gulf Coast passenger rail service, 5G impacts on avionics, and radio frequency allocation for transportation purposes
• Oversaw legal efforts related to DOT oversight by Congress, Inspector General and General Accountability Office
• Oversaw and led efforts to develop and implement strategies to enhance competition in transportation, especially for aviation
• Oversaw legal efforts associated with tribal transportation, including Tribal Transportation Self Governance Program
• Oversaw Maritime Administration legal issues associated with the United States Merchant Marine Academy
• Strategic advisor on the most important projects, emergencies and disputes in front of the Department, including the Hudson River Tunnels, East Palestine rail disaster and rail safety initiatives, road user safety, Colonial Pipeline cyberattack, supply chain initiatives, COVID-19 response, major industry mergers, 5G impacts to radio altimeters, airline delay and system congestion, major highway and transit projects, and aircraft certification reform

Previous State of Colorado Experience

• As Governor’s lead negotiator for the Moffat Tunnel, along with a State team, negotiated with Union Pacific for a 25-year modernized lease for the Moffat Tunnel in exchange for 25 years of passenger rail access
• Negotiated for the purchase of the Burnham Lead Line in Denver Colorado to support redevelopment of the Burnham Yard
• Worked with State team to secure passage and implementation of two critical bills in 2024 Legislative Session to provide dedicated State funding for passenger rail and transit
• Worked with State team to negotiate and implement Colorado rail safety legislation that included Colorado’s inclusion in the FRA State rail safety inspection program
• Worked with State team to secure passage and implementation of innovative tax credit legislation to support rail-freight business expansion and rail operations and maintenance spending in energy transition communities at risk of losing rail service
• Advised on planning, financing, procurement, environmental and regulatory issues for Mountain Rail and Front Range Passenger Rail
• Co-led development of the State’s Greenhouse Reduction Roadmap to reduce State GHG emissions by 50 percent by 2030 and 90 percent by 2050
• Oversaw staff efforts to propose and implement numerous air, water, and hazardous materials regulations, including nationally-leading regulations on oil and gas operations, motor vehicles, and point sources
• As Commissioner, overhauled and reformed the Colorado Oil and Gas Conservation Commission regulations to implement Colorado SB 19-181
• Worked with State team to secure passage and implement legislation to increase resources for state air quality permitting and enforcement, along with the development of an Enterprise to support higher quality air quality data
• Led efforts to enhance State’s ability to address air toxics concerns
• Led development and implementation of the State’s PFAS response and regulatory strategy
• Oversaw development and implementation of new enforcement strategies
• Worked with other State agencies to negotiate plans for major reductions in utility GHG and other emissions, including phase out of all coal generation
• Oversaw complex specific environmental matters for the State, including the Rocky Flats nuclear weapons plant, Suncor refinery, ozone, air toxics from oil and gas operations, cleanup from Gold King mine disaster, U.S. Army Pueblo Chemical Weapons Depot cleanup, Rocky Mountain Arsenal cleanup, and legacy uranium and hard rock mining sites

Previous Experience at Kaplan Kirsch

Airport Projects

• Represented large and small airports, including the City of Los Angeles (LAX), the City of Chicago, Maryland Airport Administration, and the City of Philadelphia, in efforts to secure approvals and defend airport development projects
• Counseled airports on the full range of federal transportation and environmental laws
• Represented airports and public entities across the country regarding FAA airspace changes
• Represented airport sponsors in administrative and judicial litigation regarding compliance with federal grant and other regulatory requirements
• Represented City of Phoenix in successful litigation and post-litigation settlement regarding FAA flight route changes
• Represented coalition of airports in litigation to reverse FAA decision to close control towers
• Represented hub airport in successful litigation against the Federal Aviation Administration for failing to protect airport airspace from a proposed wind project
• Represented the City and County of Denver, City and County of San Francisco, and the City of Los Angeles in defense of False Claims Act actions regarding alleged noncompliance with Clean Air Act

Transit and Highway Projects

• Represented state of Colorado in P3 procurement of major highway improvements
• Represented State of Colorado in successful judicial defense of Environmental Impact Statement
• Represented transit providers in environmental processes regarding proposed transit improvements
• Representing Colorado local governments in efforts to promote proposed local highways and avoid incompatible highway proposals
• Successfully resolved litigation against large P3 highway project in Colorado
• Represented private entity in securing approval for a major public-private partnership for an interstate highway in Colorado
• Represented public and private entities in efforts to secure highway and transit connections to airports, infill development, and other projects

Environment, Air, and Water Projects

• Represented cities in clean air rulemaking and compliance issues across the country
• Represented a national foundation in efforts to promote alternative fuel use and infrastructure
• Represented a Colorado municipal entity in NEPA and Clean Water Act processes regarding the development of new water infrastructure
• Represented Utah municipality regarding drinking water infrastructure permitting and compliance
• Represented local governments and NGOs in clean vehicle rulemakings
• Represented an authority in rezoning of former urban military base to enable infill reuse of property
• Secured settlement to eliminate conditional water rights on the Crystal River in Pitkin County, Colorado, that threatened client interests
• Secured injunctions against construction of high-definition television towers on behalf of a Colorado municipality
• Represented public and private entities in Clean Air Act compliance and enforcement matters

Electricity and Energy Projects

• Represented solar industry trade association in Colorado PUC dockets and settlements regarding net metering and solar policy issues
• Represented large electric customer in dispute with utility regarding inadequate service
• Represented power generators, fuel providers, motor vehicle manufacturers, and non-governmental organizations in Clean Air Act regulatory matters
• Represented independent power producer in Colorado Public Utilities Commission dockets to renew expiring power purchase agreements for gas-fired assets, including electric resource planning and Colorado Clean Air-Clean Jobs Act dockets
• Represented independent power producers in PUC litigation to retire coal-fired facilities in the Denver Metropolitan Area to provide opportunities for IPP assets
• Represented major demand side management provider in DSM dockets
• Represented brownfield development interests in successful PUC litigation to strike environmental tariffs that would have burdened infill development
• Represented wind IPPs in PUC dockets regarding power purchase agreement awards
• Represented municipality in disputes regarding proposed transmission line upgrades
• Represented local government in dispute regarding feasibility of using of conditional water rights hydroelectric purposes
• Represented local government developing land use ordinances relating to energy projects