Blaine Bengtson focuses his practice on environmental law, including regulatory compliance, transactional issues and litigation, as well as litigation involving contaminants and toxic tort claims, and some complex civil litigation. He assists clients with environmental matters under federal and state law, and in judicial and administrative forums.

Blaine’s environmental regulatory work has involved the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA), the Clean Water Act (CWA), and the National Environmental Policy Act (NEPA), among others. Blaine is a member of the firm’s PFAS team, where he helps monitor state and federal regulation of PFAS and assists clients in assessing their current and future liability.

Blaine previously served as Co-Chair of the Energy and Natural Resources Litigation Committee of the American Bar Association Section of Environment, Energy, and Resources (ABA SEER), and was named a “Rising Star” by Super Lawyers in 2023. Prior to joining Lathrop GPM, Blaine served as an associate attorney at a Denver law firm, where he counseled businesses and corporations on complex civil litigation matters. While in law school, Blaine served as a law clerk for the U.S. Environmental Protection Agency, where he assisted with developing Clean Air Act enforcement cases.

Areas of Focus

Experience

Environmental Representative Experience

  • Providing legal guidance on compliance with state and federal solid and hazardous waste laws
  • Advising on environmental reporting requirements, liability and risk mitigation
  • Assisting in negotiations with state and federal agencies for modifications to restrictive and environmental covenants for land development projects
  • Preparing environmental risk disclosures for public company annual reports
  • Analyzing utility owners' options for addressing the presence of PFAS in groundwater sources and seeking potential compensation for same
  • Defending commercial contractors in enforcement actions related to stormwater permit violations
  • Evaluating transportation projects for compliance with Clean Air Act conformity requirements
  • Navigating permitting and judicial review processes for the Underground Injection Control Program under the Safe Drinking Water Act

Complex Civil Litigation Representative Experience

  • Representing businesses in commercial disputes, including matters involving claims for breach of contract, breach of fiduciary duty, tortious interference with business relations and securities investigations.
  • Defending employers against actions by employees under the Title VII of the Civil Rights Act of 1964, Colorado Anti-Discrimination Act, Americans with Disabilities Act and the Colorado Wage Claim Act.

Credentials

Education

  • University of Denver Sturm College of Law (J.D., 2017)
    • Environmental and Natural Resources Law Certificate
    • Editor-in-Chief, DU Water Law Review, Vol. 20
  • University of Kansas (B.A., Environmental Studies; Public Administration, 2014)
    • Phi Beta Kappa Honor Society

Admissions

Bar Admissions

  • Colorado
  • Kansas

Court Admissions

  • U.S. District Court for the District of Colorado

Recognitions

  • Selected among The Best Lawyers, "Ones to Watch in America," 2023-2025
  • Thomson Reuters, "Colorado Rising Star," 2023-2024

Presentations

  • Co-presenter, "Employment Law Updates in an Evolving Workplace," International Municipal Lawyers Association (IMLA) Employment Law Program, June 2022
  • Co-presenter, "Legal Issues in SEC and State Securities Actions," LawPractice CLE, October 2021

Publications

  • Co-author, "Employers and the Evolving Workplace: 2022 Employment Law Update," Municipal Lawyer, Vol. 63 No.2, March-April 2022
  • Chapter Co-author, "Reporting Releases of Contaminants in Colorado," Environmental Regulation of Colorado Real Property, Colorado Bar Association CLE, May 2021

Professional Activities

  • 2024 REMTEC & Emerging Contaminants Summit, Chairman – Track 11: PFAS Site Investigation, Source Identification, and Quantifying Background to Inform Management Strategies
  • American Bar Association, Section on Environment, Energy and Resources (SEER)
  • Colorado Bar Association
  • Denver Bar Association
  • Colorado Lawyer's Committee - Young Lawyers Division

Community Involvement

  • Rebuilding Together Colorado, Board Member