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Hal J. Pos 
Salt Lake City, Utah
phone 801-532-1234
fax 801-536-6111
email hpos@parsonsbehle.com
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Hal Pos is a shareholder in the Environmental, Energy and Natural Resources department where he concentrates on environmental and mining matters with particular emphasis on CERCLA liability and property acquisition transactions. His practice experience includes conducting environmental due diligence in connection with mineral and real estate acquisitions and financings and environmental liability reviews and audits for mining facilities, including gold and coal mines; development of mine and landfill closure programs with a particular view toward minimizing potential CERCLA liability; negotiating and drafting environmental indemnity agreements; representing potentially responsible parties under CERCLA in negotiations and litigation with other potentially responsible parties, state and federal agencies and insurance companies concerning site cleanups; and representing parties in environmental civil and criminal enforcement matters.

He maintains Martindale-Hubbell's highest rating, an AV, is recognized in Band 1 in Chambers USA and in the environmental law section of Best Lawyers in America. Mr. Pos was named Best Lawyers' 2011 Salt Lake City Environmental Lawyer of the year.

Hal has published and presented numerous papers before state bars and professional organizations on CERCLA and brownfields topics and on liability issues associated with carbon capture and sequestration. He currently serves as Vice Chairman, Vice President/Treasurer and is on the Board of Directors of Parsons Behle & Latimer. Hal formerly chaired the firm's hiring committee. In addition, he currently serves on the Executive Committee and as the President and the Chairman of the Board of Trustees for The McGillis School. He also is a former Chairman of the Board of Litigation of Mountain States Legal Foundation and of the Environmental Committee of the Salt Lake Chamber of Commerce.

Related Activities and Skills:

  • Board of Trustees, TerraLex
  • Board of Litigation, Mountain States Legal Foundation
  • Past Chairperson of the Energy, Natural Resources and Environmental Section of the Utah State Bar Association 
  • Past Chairperson, Environmental Law Committee of the Utah State Bar Association
  • Utah State Bar Energy, Natural Resources and Environmental Law Section Lawyer of the Year
  • Past Chairperson, Environmental Committee of the Salt Lake Chamber of Commerce
  • Member of the Utah Mining Association Environmental Committee
  • Member of the Rocky Mountain Mineral Law Foundation
  • American Bar Association: Natural Resources, Energy and Environmental Law Section; Tort and Insurance Section
  • Attended the University of Copenhagen School of International Business in Denmark
  • Attended the Warsaw School of Economic Planning in Poland

Published Works:

  • Co-authored ABA Publication, Utah Chapter, titled Implementing Institutional Controls at Brownfields and Other Contaminated Sites, 2011
  • Use of Institutional Controls in Mine Closures, Mine Closure, Financial Assurance and Final Reclamation, 8-1 (Rocky Mt. Min. L. Fdn., 2009)
  • Use and Enforceability of Institutional Controls in Risk-Based Environmental Cleanups-They're Cheap And Good Looking, But Will They Last? by Patricia J. Winmill and Hal J. Pos, 49 Rocky Mountain Mineral Law Institute 23-1, 2003
  • You Want to Build What? Where? Using Environmental Insurance to Manage Cleanup and Development Risks, by David W. Tundermann, Hal J. Pos and J. Michael Bailey, 47 Rocky Mountain Mineral Law Institute 20-1, 2001
  • Strategic Considerations in Litigating and Settling Private Cost Recovery Actions for Environmental Cleanups, 40 Rocky Mountain Mineral Law Institute 6-1, 1994
  • Contributing author: Utah Environmental Law Handbook, Government Institutes, 1993
Areas of Practice:
Environmental Law
Environmental Appeals & Litigation
Climate Law
Brownfields
Environmental Management
Insurance Coverage
RCRA/Hazardous & Solid Waste
Superfund
Retail & Commercial Property Development
Insurance Coverage Litigation
Mining & Mineral Processing Law
Coal
Natural Resources & Water
Energy & Regulatory Law
Litigation & Appeals
Bar Admissions:
U.S. District Court District of Utah, 1985
Utah, 1985
Education:
Washington University School of Law, St. Louis, Missouri, 1984
J.D. degree


Carleton College, 1981
B.A. degree
Honors: Magna Cum Laude


Classes/Seminars Taught:
Presented: "Brownfield's Projects - Liability Protection," Utah Brownfields Conference: New Opportunities for Communities, May 2010


Presented: "Use of Institutional Controls in Mine Closures", Rocky Mountain Mineral Law Foundation, Special Institute, November 2009


Presented: "Legal Issues Associated with Carbon Captive and Geologic Storage", Terralex Annual Meeting, 2007, Mexico City, Mexico


Presented: "Use and Enforceability of Institutional Controls in Risk-Based Environmental Cleanups - They're Cheap and Good Looking, But Will They Last," 49th Annual Rocky Mountain Mineral Institute, July 2003


Presented: "You Want to Build What? Where? Using Environmental Insurance to Manage Cleanup and Development Risks," 47th Annual Rocky Mountain Mineral Institute, July 2001


Presented: "Administrative, Legislative and Judicial Developments Concerning the Federal Superfund Program," Government Institutes, 1999


Presented: "Recent Developments in Environmental Coverage Litigation," Government Institutes, 1999


Presented: "Strategic Considerations Concerning Environmental Coverage Claims," Utah State Bar, 1996


Presented: "Strategic Considerations in Litigating and Settling Private Cost Recovery Actions for Environmental Cleanups," 40th Rocky Mountain Mineral Law Institute, July 1994


Presented: "Early De Minimis Settlements Under Superfund," Arizona State Bar Annual Meetings, 1993


Presented: "Minimizing Superfund Transactional Costs," Association of State and Territorial Solid Waste Management, 1992


Presented: "Considerations in Selecting Qualified Environmental Consultants," National Contracts Management Association Meeting, 1992


Presented: "Overview of the Remedial Investigation/Feasibility Study Process Under CERCLA," Utah State Bar, 1990


Professional Associations and Memberships:
Journal of Contemporary Law, 1983 - 1984
Recent Development Editor