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Christopher D. Thomas
Chris has advised industrial and municipal clients across the country on litigated and nonlitigated environmental issues for 39 years.
Environmental and natural resource lawyer Chris Thomas focuses on complex infrastructure permitting, natural resource and hazardous substance litigation, enforcement defense, and site remediation.
Chris' regulatory work includes obtaining necessary state and federal approvals for clients in the mining, manufacturing, renewable energy, and technology sectors. He advises on remediation of impacted soil and sediment, groundwater, surface water, and indoor air at dozens of sites nationwide. His federal and state litigation practice has included trial-level and appellate cases throughout the country.
Chris is an elected fellow of the American College of Environmental Lawyers, a frequent (and occasionally engaging) writer and speaker on environmental and natural resource law topics, and an enthusiastic supporter of Arizona nonprofits in the areas of disability and child welfare. Chris and his colleagues were named 2022 Pro Bono Attorneys of the Year by the U.S. District Court for the District of Arizona for their work on the Crago v. Pitz civil rights litigation.
Areas of focus
Education & Credentials
Education
- The University of Iowa College of Law, J.D., with high distinction, Associate Editor, Iowa Law Review, 1985
- Drake University, B.A., cum laude, 1982
Bar and Court Admissions
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Arizona
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Arizona
- U.S. District Court for the Northern District of California
- Arizona Supreme Court
Professional Recognition
Ranked by Chambers USA in Environmental Law (Band 1), 2005-2024
Listed in Lawdragon 500,“Leading U.S. Environmental Lawyers,” 2023-2024
Listed in Best Lawyers in America: Environmental Law; Litigation - Environmental, 2007-2024
Named Best Lawyers’ Phoenix “Litigation-Environmental Lawyer of the Year,” 2015, 2017, 2021, 2023
Named Best Lawyers' “Environmental Law Lawyer of the Year,” 2016-2017
Ranked by Benchmark Litigation as a “Local Litigation Star”
Listed in The International Who’s Who of Environment Lawyers
Listed in Southwest Super Lawyers, 2007-2024
Impact
Professional Leadership
- American College of Environmental Lawyers, Fellow
Community Involvement
- Gompers Habilitation Center, Board Member
- Southwest Center for Human Development, Former Board Member
- The Nature Conservancy, Arizona Chapter, Former Board Member
- Arizona Center for Disability Law, Former Board Member
- Upward Foundation, Former Board Member
Insights
News
Professional Experience
Litigation and Enforcement Defense
Clean Water Act (CWA) and Similar State Water Permit Appeals
- Counsel of record for mining industry amici in the most recent U.S. Supreme Court case addressing the extent of federal jurisdiction under the Clean Water Act. Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023).
- Successfully argued for Resolution Copper Mining, LLC in an Arizona Supreme Court case challenging renewal of its Clean Water Act National Discharge Elimination System permit by the Arizona Department of Environmental Quality. San Carlos Apache Tribe v. State, -- P3d --, 2024 WL 3191664 (Ariz. June 27, 2024) (new, integrated mine shaft did not constitute or create a “new source” under Clean Water Act)
- Successfully defending South32 Hermosa Inc. in third-party challenges to an Arizona aquifer protection permit and a state National Pollutant Discharge Elimination System (NPDES) permit issued to facilitate its mineral exploration activities in southern Arizona. Patagonia Area Resource Alliance v. State of Arizona Department of Environmental Quality, Nos. LC2022-000250 and 259 (Maricopa County Superior Court), Arizona Court of Appeals appeal pending, No. 1 CA-cv-23-0725 (2024).
National Environmental Policy Act and Related Public Lands Litigation
- Defending intervenor Resolution Copper Mining, LLC in three cases in the U.S. District Court for the District of Arizona challenging a statutorily mandated land exchange with the U.S. Forest Service, intended to facilitate copper mine development in rural Arizona, under NEPA and other theories. Apache Stronghold v. United States, No. CV-21-0050; San Carlos Apache Tribe v. United States, No. CV-21-0068; Arizona Mining Reform Coalition v. United States, cv-21-0122. Previously prevailed in a challenge to the Forest Service’s approval of data collection activities on public land. Concerned Citizens and Retired Miners Coalition v. United States Forest Service, et al., 279 F. Supp. 3d 898 (2017) (D. Ariz. 2017).
- Representing Resolution Copper Mining, LLC in a case by a tribal affiliate group asserting that the United States’ proposed conveyance of federal lands to Resolution would violate the Religious Freedom Restoration Act and te first amendment’s free exercise clause. Apache Stronghold v. United States, 101 F. 4th1036 (9th 1036) (en banc).
- Representing the National Mining Association as amicus in an industry challenge to the 2024 amendments by the Council on Enviromental Quality to its NEPA regulations. Signal Peak Energy, LLC v. Haaland, 1:34-cv-00366 (D.D.C. 2024).
Water Rights
- Co-counsel for the City of Flagstaff in The General Adjudication of All Rights to Use Water in the Little Colorado River System and Source, In Re: Navajo Nation, Case No. CV6417-300 (Ariz. Sup. Ct., Apache Cty.).
- Defending the Central Arizona Irrigation and Drainage District against claims by the United States and the Ak-Chin Indian Community that the district lacks authority to convey extracted groundwater through the Santa Rosa Canal. U.S. v. Maricopa-Stanfield Irrigation District, et al., No. 2:20-cv-00489-JJT.
- Co-counsel for irrigation district alleged by the United States and the Gila River Indian Community to be inappropriately pumping subflow. U.S. v. Gila Valley Irrigation District, et al., No. CV 31-00059 (aka Globe Equity Decree No. 59).
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Defending the City of Phoenix in CERCLA litigation in the District of Arizona brought by law firm and, previously, its client Roosevelt Irrigation District, alleging that the city and dozens of other private and public parties impacted irrigation wells it wanted to convert to drinking water use. Gallagher & Kennedy, P.A. v. City of Phoenix, et al., 2022 WL 17903905 (D. Ariz. Sept. 30, 2022) (granting partial summary judgment to defendants), appeal pending in Ninth Circuit No. 13-15938; Roosevelt Irrigation District v. Salt River Project, et al., 222 F. Supp. 3d 898 (D. Ariz. 2017) (plaintiff using contingent-fee lawyers did not incur CERCLA response costs).
- Represented a group of industrial settling parties before the U.S. Court of Appeals for the Ninth Circuit on the level of deference owed by district courts when evaluating proposed CERCLA consent decrees negotiated by state environmental agencies. State of Arizona v. Ashton, et al., 761 F.3d 1005 (9th Cir. 2014), denied, 577 U.S. 913 (2015).
- Helped persuade the U.S. Court of Appeals for the Eleventh Circuit to affirm the dismissal of cost recovery claims by two corporate successors to Monsanto that had been administratively and judicially compelled to incur those costs in Solutia v. McWane, et al., 672 F.3d 1230 (11th Cir. 2012), denied, 568 U.S. 942 (2012), thereby resolving an issue left open by the U.S. Supreme Court in United States v. Atlantic Research, 551 U.S. 128 (2007).
- Represented the City of Phoenix in the first case to hold squarely that trustees and other fiduciaries could be held personally liable as owners under Superfund, prompting a 1996 Congressional amendment of CERCLA that is now codified at 42 USC §9607(n). City of Phoenix v. Garbage Service Co., 816 F. Supp. 564 (D. Ariz. 1993), and 827 F. Supp. 600 (D. Ariz. 1993).
- For the City of Phoenix, recovered $28.5 million from generators and transporters of hazardous substances disposed at the National Priorities List (NPL)-listed 19th Avenue Landfill. State of Arizona and City of Phoenix, Arizona v. Motorola, Inc., et al., 805 F. Supp. 749 (D. Ariz. 1992) (divisibility of harm under CERCLA); 805 F. Supp. 742 (D. Ariz. 1992) (causation under CERCLA); 774 F. Supp. 566 (D. Ariz. 1991) (CERCLA generator liability); 139 F.R.D. 141 (D. Ariz. 1991) (intervention into CERCLA consent decree proceeding).
Toxic Torts
- In a purported property damage class action alleging that numerous industrial entities caused lead and polychlorinated biphenyl (PCB) contamination in Anniston, Alabama, helped defendants withstand a petition for remand in a case that produced the first ruling in the courts of appeal on the Class Action Fairness Act’s removal provisions. Evans v. Walter Industries, et al., 449 F.3d 1159 (11th Cir. 2006).
Pro Bono
- Court-appointed counsel in a six-day jury trial over prison inmate’s civil rights claims against state prison officials. Crago v. Pitz, CV19-04532 (D. Ariz. 2022).
- Counsel for civil rights legend Jamil Al-Amin, fka H. Rap Brown, in claims arising from his detention at USP-Tucson. Al-Amin v. Howard, No. .4:21-cv-00120 (D. Ariz.).
- Representing, with the Florence Immigrant and Refugee Rights Center and American Civil Liberties Union (ACLU), civil immigration detainees seeking habeas corpus relief because of heightened COVID-19 risk.
- Defending Iraqi, Russian, and Yemeni hunger strikers protesting immigration conditions against government efforts to compel force-feeding.
Brownfields, Facility Siting, and Counseling
Copper Mine Development
Advising Resolution Copper Mining, LLC, a joint venture between Rio Tinto and BHP, on environmental regulatory issues pertaining to its project near Superior, Arizona.
Lead-Zinc-Silver-Manganese Mine Exploration
Advising South32 Hermosa Inc. on environmental regulatory issues pertaining to its exploration project southeast of Patagonia, Arizona.
Renewable Energy Development
Helping developers of wind, photovoltaic solar, and battery storage facilities obtain necessary permits and approvals, including certificates of environmental compatibility from the Arizona Corporation Commission.
Corporate and Real Estate Acquisitions
Advising hedge fund and other investors on potential environmental liabilities associated with potential investments in mines, power plants, water and wastewater utilities, and real estate developments.
Brownfields Redevelopment
- Negotiated the first CERCLA prospective lessee agreement with the United States on behalf of the developer of a luxury resort within the former Empire Canyon mine site in Deer Valley, Utah, in a transaction that served as a pilot project for U.S. Environmental Protection Agency’s (EPA) Environmentally Responsible Redevelopment and Reuse program.
- Represented a Phoenix charter school operator on environmental issues pertaining to its successful redevelopment of a former semiconductor facility into a safe and thriving K-12 school.