Dean C. Miller

Dean Miller’s practice focuses on environmental law, including complex litigation and regulatory compliance matters arising from the treatment, storage, disposal, and transport of hazardous wastes, including soil and groundwater contamination, indoor-air vapor intrusion, asbestos, radioactive materials, and other environmental concerns. He has represented clients in federal court in cases arising under CERCLA and RCRA, and in state and federal court in toxic tort, insurance coverage, and commercial litigation cases impacting a variety of industries, including oil and gas, mining, and manufacturing. He also has extensive experience both in conducting environmental due diligence in corporate mergers and acquisitions, and in drafting and negotiating complex commercial contracts, including those for environmental consulting services, laboratory services, oilfield services, remedial construction, and oil spill response.

Mr. Miller has provided oversight of environmental investigations and site remediation in both litigation and regulatory enforcement matters and real estate transactions. In addition, he has assisted several clients in pursuing and defending CERCLA cost recovery and contribution actions. One of his specialties is assisting clients with waste characterization under RCRA, including the applicability of RCRA’s “Bevill” exclusion for mining beneficiation and mineral processing waste, and RCRA’s “E&P” exclusion for oil and gas exploration and production waste. In addition, he has significant experience in the regulation of radioactive materials, including NRC and state licensing of source and by-product material, and the transportation, management, and disposal of radioactive materials.

Mr. Miller received his B.A. and M.S. degrees in Geology from the University of Colorado, Boulder. Before entering law school, he worked as an environmental consultant in Boulder, Colorado. Mr. Miller received his J.D., cum laude, from Southern Illinois University at Carbondale in 1994. Prior to joining Davis Graham & Stubbs LLP, Mr. Miller served for two years as the law clerk for the Honorable James L. Foreman of the U.S. District Court for the Southern District of Illinois.

Mr. Miller has earned an AV Preeminent® Peer Review Rating™ from Martindale-Hubbell® and was recognized by Chambers USA as a Leader in Their Field in Natural Resources & Environment.

Community Involvement & Affiliations

• American Constitution Society
• American Bar Association
  • ABA Section of Natural Resources, Energy, & Environmental Law
• Colorado Bar Association
  • Chair, Environmental Law Section 2006-2007
• Colorado Bar Association Board of Governors, CBA Environmental Law Section Representative, 2010-2012
• Colorado Environmental Management Society (f/k/a Colorado Hazardous Waste Management Society), President, 2000-2001
• Denver Bar Association
• Department of Geological Sciences, University of Colorado Boulder, Alumni Advisory Board, Chair 2009-Present
• Commencement Speaker, Spring 2017 Graduation Ceremony, University of Colorado Boulder Department of Geological Sciences

Speeches

• RCRA 101: Introduction to the Resource Conservation and Recovery Act, American Bar Association Section of Environment, Energy, and Resources, September 2020
• Legal Hurdles and Potential Pathways to Implementing Innovative Remedial Technologies at Historic Mine Sites, Silverton Innovation Expo, Silverton, Colorado, August 2018
• Key Environmental Issues & Answers for Real Estate Developers, DGS Lunch and Learn Program, January 2018
• Environmental Due Diligence at Mining Properties, DGS Mining Seminar, Reno, Nevada, April 2017
• Oilfield Master Service Agreement Fundamentals, DGS Lunch and Learn Program, March 2017
• Environmental Due Diligence and Phase I ESA Update, DGS Brownfields Development Seminar Series, December 2014
• Mining Waste Issues & the Bevill Amendment, Colorado Hazardous Waste Management Society Regional Mining Conference, October 2012
• Emerging Issues Under the RCRA Bevill Exclusion: The Bevill is in the Details, 57th Annual Rocky Mountain Mineral Law Institute, July 2012
• Environmental Audit and Voluntary Disclosure Update, DGS Environmental Enforcement Series, September 22, 2009
• Environmental Litigation Update: E-Discovery & Experts, CBA Environmental Law Section's Topical CLE Luncheon, February 2009
• Asbestos Contaminated Soils, CBA Environmental Law Update and Hot Topics, November 2008
• Indoor Air Vapor Intrusion, CBA Environmental Law Section, April 2008
• Environmental Due Diligence in Oil and Gas Transactions, Steamboat CLE Conference, June 2007

Published Articles

• “EPA Imposes Largest Ever TSCA Penalty for Violation of Lead Paint Regulations” DGS Legal Alert (December 21, 2020)
• This Old (Pre-1978) House: Lead-Based Paint Regulation and Enforcement under TSCA
• Emerging Issues Under the RCRA Bevill Exclusion: The Bevill is in the Details
• Mineral Processing Under the EPA Spotlight
• Transport of Hazardous Waste
• Unveiling the Parent – When Can a Corporate Officer Be Personally Liable Under CERCLA for a Subsidiary?
• Parent Corporation Liability Under CERCLA After United States v. Bestfoods
• Coming Full CERCLA: An Update on Superfund Developments
• Hazardous Acts: Awareness of Pitfalls is Essential for Corporate Officers to Avoid Jail Time
• A Waste Is a Terrible Thing to Mind: Identification and Management of Hazardous Waste in the Industrial Minerals Industry