P. Derek Petersen
Derek is an environmental and business litigator with more than 15 years of experience representing clients before both state and federal courts.
Derek Petersen has successfully resolved disputes throughout all stages of litigation—from pre-litigation counseling to jury and bench trials to appeals. He has significant experience representing clients in contaminated site litigation, including in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), state Superfund, and multiparty cost-recovery and allocation proceedings; government enforcement actions; and toxic tort claims. His CERCLA work includes both large federal Superfund sites as well as smaller state-led or voluntary cleanups.
In his environmental practice, Derek represents project sponsors during the federal environmental review process and defends project approvals under the National Environmental Policy Act (NEPA). He counsels clients on environmental compliance and regulatory matters under federal and state environmental laws, including Resource Conservation and Recovery Act and NEPA.
Derek also represents clients in a range of business litigation matters, including class-action defense, real estate, construction, intellectual property, employment, noncompetition, breach of contract, and business tort matters.
Maintaining an active pro bono practice, Derek has successfully helped a victim of an equity-skimming scam retain ownership of his home, and he has participated in the Bet Tzedek Holocaust Reparations Pro Bono Project—helping multiple Holocaust survivors obtain reparations.
Education & Credentials
Education
- Arizona State University, Sandra Day O'Connor College of Law, J.D., cum laude, Staff Writer, Arizona State Law Journal, 2007
- Brigham Young University, B.A., Political Science, cum laude, 2003
Bar and Court Admissions
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Arizona
- U.S. District Court for the District of Arizona
- U.S. Court of Appeals for the Ninth Circuit
Related Employment
- The Hon. Michael D. Hawkins, U.S. Court of Appeals for the Ninth Circuit, Judicial Extern, 2006
- Combs Law Group, P.C., Phoenix, AZ, Summer Associate, 2006
- Hon. Stephen M. McNamee, U.S. District Court, District of Arizona, Judicial Extern, 2006
Additional Languages
- Spanish
Professional Recognition
Listed in Best Lawyers in America: Litigation - Environmental, 2018-2024
Impact
Professional Leadership
- ASU Law School, Trial Advocacy Class, Co-Professor, 2019
- Arizona Forward Central Regional Council, Member
- Valley Leadership Advance, Class of 2017
- ASU Environmental and Sustainability Law Mentorship Initiative, Mentorship Award, 2016
Insights
News
Professional Experience
Environmental Litigation and Other Environmental Matters
San Carlos Apache Tribe and Concerned Citizens, et al. v. United States
Successfully defended intervenor Resolution Copper Mining, LLC in two consolidated NEPA cases challenging the U.S. Forest Service’s approval of data collection activities on public land. San Carlos Apache Tribe v. United States et al., No. 2:2016-cv-03125 (DGC) (D. Ariz.); Concerned Citizens, et al. v. United States, et al., No. 2:2016-cv-03115 (DGC) (D. Ariz).
The Boeing Company v. United States
U.S. District Court for the Central District of California
Recovered $40.75 Million in CERCLA response costs from U.S. based on U.S.’s involvement in aircraft manufacturing site during World War II and Cold War. Case No. 2:16-cv-02416-TJH-JEM (C.D. Cal. April 21, 2016)
Mediation of Private CERCLA Claims for Fortune 50 Company
Representing Fortune 50 Company in confidential mediations of CERCLA claims at five sites across the country. Representation includes both prosecuting and defending CERCLA claims totaling more than $100 million.
Roosevelt Irrigation District V. SRP, et al.
U.S. District Court for the District of Arizona
Defending Corning Incorporated in multi-party private CERCLA cost recovery action seeking $75 million+ in response costs. Discovery and motion practice are on-going.
Dawn Mining
Representing Dawn Mining in closure of a uranium mine and mill under the supervision of the EPA and the Washington Department of Health, respectively. The matter also includes disputes over property boundaries and other matters with the Spokane Tribe of Indians.
Burlington Northern v. United States, 129 S.Ct. 1870 (2009)
Prepared amicus curiae brief on scope of joint and several liability under CERCLA.
The Pinal Creek Group, et al. v. Newmont Mining Corporation, et al.
U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
Represented Newmont Mining Corporation in multi-party CERCLA cost-recovery action.
Class Action Defense
Media, Newspaper, and Delivery Transportation Clients
Representation of various media and transportation/delivery clients in class action lawsuits based on claims of misclassification of independent contractors under agreements to effect delivery of goods and related services.
Independent Contractor Class Action: Antelope Valley Newspapers, Inc.
Defeated certification of a putative class of newspaper delivery contractors; limited reversal by California Supreme Court and sent back to trial court for reconsideration of limited claims under a clarified standard.
Independent Contractor Class Action: MediaNews Group (Digital First Media)
Won class-wide summary judgment finding independent contractor status for all class members. Trial court denied certification on the wage-and-hour Labor Code claims, resulting in limited claims for expense reimbursement, record keeping, and unfair business practices section 17200, on which final Judgment was entered for defendants. Salgado v. The Daily Breeze, et. al., Case No. BC458074, Los Angeles Superior Court.
Independent Contractor Class Actions: The McClatchy Company and McClatchy Newspapers, Inc.
Defend two California class actions challenging the independent contractor status of delivery service providers.