Samuel L. Lofland

Member
Sam’s practice is in the following main areas: (1) commercial litigation in state and federal court, including litigation involving water rights and resources, energy, natural resources, mining, and general commercial (business) disputes; (2) regulatory compliance, including working with client government relations teams, participating in rulemakings on behalf of clients, representing clients in compliance actions, and advising on legislative and regulatory processes affecting regulatory developments in the Southwest; (3) environmental permitting and due diligence for both state and federal environmental permitting regimes, including National Environmental Policy Act (“NEPA”), Endangered Species Act (“ESA”), National Historic Preservation Act (“NHPA”), Migratory Bird Treaty Act, air quality, and water quality; (4) providing legal advice associated with all aspects of “Public Power,” including allocations, contract negotiations, and general support in connection with all facets of receiving and using “Public Power”; and (5) providing general legal support to small businesses and start-ups.  

In connection with his practice, he has worked on several matters involving Federal Indian Law issues.  As an enrolled member of a federally recognized tribe, he is well suited to understanding the unique cultural aspects involved in working with tribal governments and enterprises.

He works with clients to carefully craft and work within each clients’ budgetary goals, while helping meet their legal needs within their respective industry spaces.  He has experience and is willing to embrace alternative fee arrangements, from flat fee, sliding scale, “busted deal” contingencies, or other arrangements that benefit clients and help fit within their budgetary goals.
 

Education & Credentials

Education

Arizona State University College of Law

J.D., 2008
  • Degree conferred with an Indian Legal Certificate
  • cum laude

Stanford University

B.A., 2004
  • with Honors

Bar Admission

  • Arizona2008
  • Colorado2015
  • Nevada2010
  • Oregon2015

Prominent Assignments

  • Lead attorney in litigation representing a commercial developer against claims that their construction activities have interfered with adjacent landowner’s access to irrigation water and their underlying water rights.
  • Lead attorney for all facets of environmental permitting, including the NEPA process, for a multi-state high-voltage electrical transmission project.
  • Lead attorney in trial in Federal District Court in case involving competing possessory mining claims.
  • Lead attorney in water supply acquisition for six different utility scale solar projects located in Nevada and Arizona.
  • Co-lead attorney on behalf of interveners (Title 48 water and power districts) in successfully defeating an administrative appeal of the allocation process for Hoover Power in Arizona.
  • Co-lead attorney in securing and successfully defending the issuance of a Certificate of Environmental Compatibility (“CEC”) in Arizona for the first interstate “merchant” transmission line.
  • Co-lead attorney in defending the issuance of the same CEC in an appeal to Superior Court in Arizona.
  • Co-lead attorney in defending the issuance of the same CEC in an appeal to the Arizona Court of Appeals and responding to a petition for review to the Arizona Supreme Court.
  • Co-lead attorney in successfully opposing a transfer of an on-river Colorado River water entitlement.

Court Admissions

All state courts in Arizona, Colorado, Nevada, and Oregon as of bar admission dates.
U.S. District Court of Arizona, 2009
U.S. District Court of Nevada, 2011

Publications/Presentations

  • Article Entitled “Briefing Article on Deputy Secretary of the Interior's August 6, 2018, Instructional Memorandum for Implementing Secretary's Order 3355”
  • Article Entitled “Briefing Paper on President Trump's Executive Order and the Definition of ‘Waters of the United States’”
  • Presentation entitled "Without a Paddle: Navigating the Murky Waters of the Clean Water Act's Definition of 'Waters of the U.S.'," U.S. Society for Irrigation and Drainage Professionals' Water Management Conference, Co-Presenter, December 2014
  • Presentation entitled "Use of 'Representative Data' in the Wake of Sierra Club v. E.P.A., 705 F.3d 458 (D.C. Cir. 2013)," Seventeenth Annual Energy, Utility & Environment Conference, February 2014
  • Contributing Author, American Bar Association, Section titled “Environment, Energy, and Resources Law” in “The Year in Review,” on water law and issues in Arizona for the 2011, 2012, and 2013 editions.
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