Nathaniel H. Hunt

Eagle County, Colorado. Counsel for Eagle County, Colorado in successfully challenging the federal Surface Transportation Board’s approval of the proposed 88-mile Uinta Basin Railway under the National Environmental Policy Act, National Historic Preservation Act, and Interstate Commerce Commission Termination Act, resulting in the United States Court of Appeals for the District of Columbia’s decision to vacate the Board’s authorization and environmental review of the railway.

City of Los Angeles. Represented the City of Los Angeles at the United States Court of Appeals for the Ninth Circuit in a successful challenge to FAA flight procedures at Los Angeles International Airport under the National Environmental Policy Act, National Historic Preservation Act, and Section 4(f) of the Department of Transportation Act. When the FAA failed to revise the procedures in a timely manner, Los Angeles obtained a Writ of Mandamus from the Ninth Circuit requiring immediate action to comply with the Court’s earlier decision, as well as a favorable attorney fee settlement against FAA.

American Railways Heritage, Inc. v. La Plata County. Represented La Plata County, Colorado at the Colorado Supreme Court in successfully defending a decision by the Colorado Public Utilities Commission regarding application of local land use regulations to a rail station operated by American Heritage Railways, Inc.

Town of Islip, New York. Represented the Town of Islip at the federal District Court for the Eastern District of New York defending against a regulatory taking claim and various constitutional and tort claims regarding access to Long Island MacArthur Airport. The Town successfully obtained an order dismissing with prejudice all of the claims.

City of Phoenix. Represented the City of Phoenix at the United States Court of Appeals for the D.C. Circuit in the successful challenge to FAA flight procedures based on failure to comply with environmental laws, including the National Environmental Policy Act, National Historic Preservation Act, and Section 4(f) of the Department of Transportation Act.

City of Chicago. Represented the City of Chicago in a takings case brought by more than 80 property owners seeking damages allegedly caused by noise and vibrations from aircraft using a new runway at Chicago O’Hare International Airport. Chicago prevailed on summary judgment at the Circuit Court of Cook County, Illinois based on statute of limitation grounds.

Hovnanian v. United States Postal Service. Represented a developer in appealing the U.S. Postal Service’s mode of delivery determination regarding delivery of mail at a New Jersey development, which resulted in a favorable mail delivery settlement.

Environmental Defense Fund. Represented EDF before the federal District Court for the District of Columbia under the Freedom of Information Act resulting in disclosure of public records and successful fee settlement.

The Belt Railway Company of Chicago v. Weglarz Hotel III, LLC. Defended Weglarz Hotels in litigation at the federal District Court for the Northern District of Illinois regarding whether federal law preempts enforcement of state noise requirements at a rail clearing yard in Chicago.  Weglarz Hotels successfully obtained summary judgment in part and the litigation was resolved through settlement.

Forney Museum of Transportation. Represented the Forney Museum of Transportation at the Colorado Court of Appeals regarding the scope of an access easement and implied rights relating to the Museum’s use of an adjacent property in Denver, Colorado. The Court of Appeals sided with the Museum and reversed in part the trial court’s decision relating to the Museum’s rights under the easement.

City of Northglenn, Colorado. Represented City of Northglenn in successful defense of wastewater treatment permit in state administrative appeal proceeding.

Southern Utah Wilderness Alliance, Utah. Represented Southern Utah Wilderness Alliance before the federal District Court for the District of Columbia seeking public records from the Department of the Interior under the Freedom of Information Act.

Dvorak Expeditions v. BLM. Represented outfitter company in appeal of BLM’s cancellation of special recreation permits before the Department of Interior’s Board of Land Appeals including successfully obtaining stay of BLM’s decision and the reissuance of permits.

Representative Clean Water Act Litigation

• Georgia River Network v. U.S. Army Corps of Eng’rs, 517 Fed. Appx. 699 (11th Cir. 2013).  Challenged Corps’ issuance of a Clean Water Section 404 permit for 1000-acre recreational reservoir, including appeal at the Court of Appeals for the Eleventh Circuit.
• Altamaha Riverkeeper v. Rayonier, Inc., No. 2:14-cv-00044-LGW-JEG, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).  Sued international pulp company alleging violations of pollutant discharge permit under the Clean Water Act.
• Center for a Sustainable Coast v. U.S. Army Corps of Eng’rs, Case No. 4:13-cv-00179-WTM-GRS (S.D. Ga. 2014).  Challenged Corps’ issuance of a programmatic general permit for docks along the Georgia Coast under the Rivers and Harbors Act, NEPA, and Endangered Species Act.
• National Wildlife Federation v. U.S. Army Corps of Eng’rs, No. 1:14-cv-01701-JDB (D.D.C. 2014). Challenged Corps’ issuance of Nationwide Permit 13 for bank stabilization structures under Clean Water Act, NEPA, and Endangered Species Act.
• Altamaha Riverkeeper v. Hutcheson, Case No. 2:11-cv-00100-LGW (S.D. Ga. 2010).  Citizen suit action against private landowner for violation of the Clean Water Act, resulting in settlement with private party and federal and state agencies requiring restoration and permanent protection of 700 acres of coastal wetlands.