Matt Bingham

Education

  • J.D., Columbia University School of Law, 2007
  • B.S.E., Civil Engineering, magna cum laude, Arizona State University, 2003
  • A.S., Physics, high honors, Eastern Arizona College, 2000

Bar Admissions

  • Arizona, 2007

Matt Bingham

Associate
201 East Washington Street
Suite 1200
Phoenix, Arizona 85004
Phone 602.262.5320
Fax 602.734.3791

As a regulatory lawyer, Matt helps public and private companies successfully interface with ‎government agencies. He mostly focuses on permitting, siting, compliance, and enforcement matters, ‎especially those impacting the mining, energy, construction, and utility industries.‎

Leveraging his background in engineering, Matt approaches every project as if he’s solving a puzzle. He ‎thrives on identifying and analyzing all of the pieces and then systematically putting each piece in its ‎proper place to create the best possible result for his client. Whether working with clients or ‎government regulators, Matt takes a reasonable, methodical, and organized approach.‎

Mining. Matt helps mining companies and investors in the mining industry tackle environmental and ‎natural resources issues.‎

His recent mining industry experience includes:‎

  • Representing a Canadian junior mining company in assessing real property entitlements and ‎environmental permitting planning and strategy, including meeting with potential investors ‎conducting due diligence on a proposed in-situ recovery of copper project.‎
  • Representing a Canadian mining company as local counsel in its evaluation of a significant new ‎copper mine in southern Arizona in connection with its offer to acquire the current owner.‎
  • Defending sand and gravel operator against application for temporary restraining order, including research and drafting of briefs, preparation of expert witness, and negotiation of settlement.
  • Serving as a member of the team that helped Singatse Peak Services (owned by Quaterra ‎Resources) acquire the Yerington Copper Mine site. Matt’s role included researching the ‎Superfund/CERCLA legal issues involved and advising Singatse on the Bona Fide Prospective ‎Purchaser Defense to CERCLA Liability.‎
  • Conducting comprehensive due diligence for a potential investor in an Arizona copper mine, ‎including analyzing permitting plans and assessing environmental risks, which enabled the client ‎to make an informed investment decision.‎
  • Advising developers and land owners on mineral rights issues, particularly those involving split ‎estate situations.‎

Matt is active in the Rocky Mountain Mineral Law Foundation, serving in various leadership roles ‎including as a member of the Young Professionals Committee.‎

Energy. Matt represents energy developers and those seeking to invest in energy development projects. ‎He helps developers obtain required siting approvals from the Arizona Corporation Commission, prepare ‎and review permitting opinions, and negotiate contracts. For investors in the energy industry, Matt helps ‎conduct proper due diligence to identify regulatory risks involved with financing or purchasing target ‎projects. His experience includes transmission lines, fossil fuel generating plants, and renewable energy ‎projects, both utility-scale solar and wind projects as well as distributed solar generation.‎

His recent energy work with includes:‎

  • Helping BP Wind obtain a Certificate of Environmental Compatibility (CEC) from the Arizona ‎Corporation Commission to build the high-voltage transmission line that will connect our client’s ‎wind farm to the grid. Matt assisted in the entire process: preparing and filing the CEC ‎application, scheduling the public hearing, developing witnesses’ testimony, preparing witnesses ‎for the hearing, presenting our client's case at the hearing, holding a public comment session, ‎addressing the Committee members' questions and concerns, and negotiating the terms of the ‎CEC.‎
  • Representing the Solana Generating Facility, one of the largest concentrating solar facilities in ‎the world, in obtaining a Certificate of Environmental Compatibility (CEC) and preparing a ‎permitting opinion that enabled our client to receive a $1.5 billion federal loan guarantee.‎
  • Representing a lender to multiple utility-scale PV solar facilities in conducting comprehensive ‎due diligence including reviewing, analyzing, and resolving issues arising from the project’s ‎permits, approvals, plans, power purchase agreement milestones, and other contract details.‎
  • Representing a company seeking to purchase two natural gas power plants in reviewing the ‎plants’ permits and regulatory history and providing a full assessment of the risks of and issues ‎associated with the investment.‎

Utilities and the ACC. By advocating on their behalf before the Arizona Corporation Commission, Matt ‎helps utility companies—water, electric, and telecommunications—get the right permits and approvals to ‎do business in the state.‎

His recent work in this area includes:‎

  • Representing the developer of an apartment complex in an action for deletion of its property ‎from the Certificate of Convenience and Necessity of a private water company, which involved ‎drafting and filing the application and other pleadings, negotiating with Commission Staff and ‎counsel for the water company, and conducting a hearing before an Administrative Law Judge.‎
  • Representing a water company in a rate case before the Arizona Corporation Commission, which ‎involved developing the client’s testimony, responding to data requests from Commission Staff, ‎coordinating procedural issues with Commission legal counsel, drafting and negotiating the ‎settlement agreement, and representing the client in a hearing before an Administrative Law ‎Judge.‎
  • Representing EPCOR Water Arizona before the ACC in the acquisition of a privately-owned water ‎company, which involved drafting and filing the application and interfacing with ACC Staff and ‎legal counsel on various substantive and procedural issues.‎
  • Helping telecommunications companies obtain Certificates of Convenience and Necessity to ‎operate in Arizona and ETC Designations to allow wireless providers to participate in the federal ‎Lifeline Program for low-income consumers.‎

Environmental and Regulatory. Matt helps clients obtain, comply with, renew, and defend their ‎environmental permits including those related to water, air, and dust. His experience includes drafting ‎and reviewing permit applications, negotiating permit terms, analyzing and responding to alleged ‎violations, and protecting his clients’ interests in enforcement proceedings.‎

He provides advice and analysis on local, state, and federal environmental laws and regulations including ‎Superfund/CERCLA, WQARF, the Clean Air Act, the Clean Water Act, RCRA, and EPCRA. On behalf of ‎his clients, Matt has successfully interfaced with the Environmental Protection Agency, the Bureau of ‎Land Management, the Arizona Department of Environmental Quality (ADEQ), the Arizona Department of ‎Water Resources, the Arizona State Land Department, the Maricopa County Air Quality Department, and ‎other agencies that oversee environmental and natural resource regulations.‎

His recent regulatory experience includes:‎

  • Providing ongoing environmental analysis and advice in a complex groundwater cleanup case. ‎
  • Defending a WQARF case and negotiating a settlement with ADEQ on favorable terms to the ‎client.‎
  • Helping a home builder respond to dozens of alleged dust permit violations based on ‎completing a comprehensive analysis of the violations against Maricopa County Air Quality ‎Department’s Rules and Violation Penalty Policy.‎
  • Helping a client update an Aquifer Protection Permit from ADEQ for a large industrial site ‎in ‎Maricopa County.‎

Outside the environmental realm, Matt has assisted clients with procurement questions and disputes and ‎other regulatory issues before the Arizona Department of Financial Institutions, the Arizona Department ‎of Weights and Measures, and the Arizona State Medical Board.‎

Engineering Background. Before pursuing a legal career, Matt was a civil engineer with the Phoenix ‎office of a national transportation engineering and technology firm. Prior to that position, he worked in ‎the land development group of another national engineering firm.‎

Matt’s background in engineering helps him understand the substantive issues that often arise in ‎construction, development, and modeling contexts.‎

Memberships and Affiliations

  • Arizona Mining Association, Director
  • Trustee of the Rocky Mountain Mineral Law Foundation, Young Professionals Committee
  • The Green Chamber: Greater Phoenix, Public Policy Committee
  • Arizona Bar Association, Legal Services Committee
  • The Florence Immigrant & Refugee Rights Program, Volunteer
  • Volunteer Lawyers Program of Phoenix’s Community Legal Services Office, Pro Bono Attorney
  • Valley Forward (now Arizona Forward), Director, 2011 - 2014

Publications

Mr. Bingham is the co-editor of Lewis Roca Rothgerber's Limitless Energy Blog. Since 2012, he has served as the Federal Water Quality Reporter for Rocky Mountain Mineral Law ‎Foundation's Water Law Newsletter.

His additional publications include:

Speaking Engagements

Court Admissions

  • U.S. District Court, Arizona, 2010

Other Distinctions

Matt is listed in the 2012-2014 editions of Southwest Rising Stars in the category of Environmental ‎Law. He was recently recognized for his commitment to pro bono service at the firm's annual John P. ‎Frank Pro Bono Awards Luncheon.‎

While attending Columbia University School of Law, Matt was named a Harlan Fiske Stone Scholar and ‎served as Notes Editor for the Columbia Business Law Review. ‎