Dalva L. "Dal" Moellenberg

Gallagher & Kennedy, P.A.

Recognized since 2001

Santa Fe, New Mexico

Practice Areas

Environmental Law

Litigation - Environmental

Natural Resources Law

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Dalva "Dal" L. Moellenberg practices environmental and natural resources law concentrating on water quality and water rights, Superfund, hazardous waste, mining law and mined land reclamation, toxic substances matters, including compliance counseling, permitting, legislation, rulemaking and litigation.

Mr. Moellenberg's recent experience includes:

Representing business groups and chairing a subcommittee that drafted Arizona legislation (S.B. 1452, 1997) that amended the state Water Quality Assurance Revolving Fund site cleanup program, which transformed the state Superfund program from a "joint and several liability" model to a "proportionate share" liability model with a new out-of-court liability allocation process. He played a similar role in drafting Arizona Voluntary Remediation Program Legislation (S.B. 1454, 2000). Mr. Moellenberg is also a primary industry negotiator and drafter of major water quality, solid and hazardous waste, and mining legislation in Arizona and New Mexico.
Representing major mining clients in Arizona and New Mexico in obtaining water quality (Clean Water Act and groundwater protection) permits and mined land reclamation permits for industrial operations, mine expansions and new mines.
Representing major industrial and mining clients at numerous federal and state Superfund sites and other cleanup sites involving negotiation and compliance with Consent Decrees, cleanup orders under CERCLA, RCRA, and the Clean Water Act, and voluntary cleanup actions.
Representing industry and mining clients in environmental rulemakings in Arizona and New Mexico, including the Arizona Unified Water Quality Permits Rules, the Arizona Water Quality Assurance Revolving Fund Rules, the Arizona Mined Land Reclamation Rules, the New Mexico Water Quality Control Commission Rules (groundwater protection permits, surface water quality standards, and "abatement rules"), and the New Mexico Mining Act Rules. Mr. Moellenberg also participates in the preparation of comments and lobbying on federal environmental rules.
Part of the Legal Consulting Team for the Mining Sector Development and Environmental Project for the Ghana Minerals Commission during 2001 and prepared draft environmental regulations for mining in Ghana.