Education | | J.D., 1984, University of Colorado School of Law, Order of the Coif | | B.S., 1980, Cornell University |
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Admitted | | Colorado | | U.S. District Court, District of Colorado | | U.S. Court of Appeals, Ninth Circuit | | U.S. Court of Appeals, Tenth Circuit |
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Distinctions | Chambers USA America’s Leading Business Lawyers, Zoning/Land Use, 2005-2011
Colorado Super Lawyers, 2009
University of Colorado Law Review, University of Colorado School of Law
University of Colorado School of Law, American Jurisprudence Book Awards: Contracts, Torts, Criminal Procedure, Property, Civil Procedure
University of Colorado School of Law, William Arthur Award
University of Colorado School of Law, Wolf Law Review Scholarship |
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Memberships | American Bar Association
Colorado Bar Association
Denver Bar Association |
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| Wayne represents clients in all aspects of Colorado water law, land use litigation, condemnation and environmental law and litigation. He represents private and public clients throughout Colorado on water rights matters and has been a counsel of record in a number of reported appellate decisions. He has extensive experience in water quality and wetlands matters, and in NEPA litigation and compliance. Wayne's clients include a national homebuilder, a natural gas exploration and development company, real estate developers, special districts, a national retailer and ranchers.
Wayne has represented clients in matters involving federal storm water issues, basin-wide conflicts involving ground and surface water users, state court litigation regarding preemption of county oil and gas regulations and defense of state-issued permits, federal court challenges under NEPA and MLA to the issuance of permits to drill, eminent domain proceedings, staged sale/donation of conservation easements to national trust, a wide array of water rights transactions, zoning and development issues, NEPA compliance issues, rulemaking proceedings before the Colorado Water Quality Control Commission, Endangered Species Act compliance issues, defense of mining operations against claims of phosphorus loading, and obtaining issuance of 404 permits from the U.S. Army Corps of Engineers for a variety of projects, including ski resort, hotel and subdivision development. Wayne has also represented private landowners in a variety of land use and condemnation matters throughout Colorado. |
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Representative Matters | | Won dismissal on behalf of Gunnison Energy Corporation in a Section 1 and Section 2 gas transportation antitrust case seeking more than $100 million in Federal Court in Denver. Riviera Drilling and Exploration Company v. Gunnison Energy Corporation et al. Brownstein previously represented the company in a suit to enforce a contract for the acquisition of mineral assets and defended them in federal district court in a challenge to Federal permits for recomplete gas wells. | | Advised Gunnison Energy on issues related to compliance with Colorado's evolving water laws governing water produced from coal bed methane wells. | | Represented a national homebuilder in defense of a nationwide enforcement action concerning alleged violations of construction storm water requirements under the Clean Water Act. Successfully negotiated a consent decree entered in federal district court in Virginia which resolved all claims.
| | Represented a town with substantial groundwater rights in Nevada's Carson River Valley with regard to water rights litigation commenced by the Pyramid Lake Paiute Tribe of Indians. Litigation included challenges to State Engineer rulings on water right change applications for new development. Cases were filed in both federal district and state district courts and involved issues of jurisdiction and venue in addition to substantive water law. Appeals were filed by the Tribe in the Ninth Circuit Court of Appeals and the Nevada Supreme Court. | | Represented an individual purchaser in the acquisition of a 6,258-acre ranch with associated water, lease and easement rights and personal property in Jackson County, Colorado. |
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