EXPERIENCE

Mr. Clark is a recognized national authority on the environmental and historic-preservation regulation of communications and energy facilities. He practices in Holland & Hart's Environmental Compliance Group.

He concentrates on helping clients address problems involving the environmental regulation of the siting, construction and operation of federal and federally assisted facilities. These include telecommunications and broadcast towers, oil and gas pipelines, electric transmission lines, wind generation facilities, rail lines and other linear right-of-way projects, and energy projects both off-shore and those crossing federal lands, wetlands or jurisdictional waters.

Mr. Clark has developed particular experience regarding the review of such projects under Sections 106, 101 and 110 of the National Historic Preservation Act ("NHPA"), and the implementing regulations of the Advisory Council on Historic Preservation. He also has substantial experience on cases involving Section 4(f) of the Department of Transportation Act as it applies to transportation facilities such as highways, rail lines and airports. He has been involved in significant Section 106 cases across the country involving identification of archeological and architectural historic properties, the assessment of visual and direct effects, and the avoidance and mitigation of adverse effects.

He has wide experience with a range of other environmental laws that impact federally assisted or permitted actions, including: (1) the National Environmental Policy Act ("NEPA"), and similar state environmental laws; (2) migratory bird and wildlife-protection laws including the Endangered Species Act ("ESA"); (3) flood plain regulations; (4) wetlands protection under the U.S. Army Corps of Engineers; (5) projects on the outer continental shelf ("OCS") regulated by the Minerals Management Service and FERC; and (6) federal laws preempting state and local land use and zoning decisions.

He has influenced the development of national policies in many of these areas, particularly involving the two Nationwide Programmatic Agreements adopted by the Federal Communications Commission in 2001 and 2004, and the application of the Endangered Species Act and the Migratory Bird Treaty Act to the siting of communications and broadcast towers.

Mr. Clark also has substantial experience in immigration litigation having represented clients in cases before the Asylum Officer and in appeals to the Board of Immigration Appeals and the United States Court of Appeals for the Second Circuit.

Formerly, Mr. Clark was with the Federal Communications Commission where he served in the Wireless Telecommunications Bureau as Senior Attorney with the Environmental Compliance Group and Deputy Division Chief for Public Safety. In addition, he previously served in state government as Special Assistant Michigan Attorney General and Counsel to two Utah Attorneys General.

Mr. Clark is an experienced Civil War battlefield guide and is writing a book on the "minor monuments" of Washington D.C.

PROFESSIONAL ACTIVITIES

Federal Communications Bar Association

Trustee, DC Preservation League

National Press Club Book Committee

PUBLICATIONS AND SPEAKING ENGAGEMENTS

Mr. Clark has published and edited many articles and books on topics relevant to his practice. He is Executive Editor of The Complete NPA User's Manual (2005), The Tower Law Sourcebook (2003), and the monthly publication Communications Environmental & Land Use Law Report ("CELULR"), published by Pike and Fisher.

He has also given numerous speeches and training seminars, and participated in professional panels across the country, including most recently the following:

Panelist - A Progress Report on Historic Preservation, PCIA Conference and Expo, Nashville, Sept. 2006

Presenter - Practical Compliance with the FCC's NPA and BPA, Atlanta, (with Amos Loveday), June 2006

Presenter - Long Lines in Historic Sands - Improving Programmatic Agreement for Pipelines and Utility Lines, New Mexico Heritage Preservation Alliance Conference, Gallup, May 2006

Presenter - Practical Compliance for Public Safety Licensees, Presented to the Virginia Governor's Interoperability Executive Committee, Richmond, October 2005

Panelist - The FCC's Best Practices Agreement for Consultation with Indian Tribes, PCIA Conference and Expo, Hollywood, Florida, September 2005

Presenter - Compliance issues with the FCC's New Nationwide Programmatic Agreement, Annual Meeting of the Association of Public Safety Communications Officials, Denver, August 2005

Presenter - The New Nationwide Programmatic Agreement, New Mexico Preservation Pilgrimage, Taos, April 2005

Presenter - Environmental Compliance for Public Safety and Commercial Wireless Facilities, International Wireless Communications Expo, Las Vegas, April 2005

Presenter - Federal Environmental Regulation of Telecommunications Facilities Siting, Law Seminars International, Seattle, February 2005

EDUCATION

Harvard University (M.P.A. 1996)

University of Utah College of Law (J.D. 1974)

Yale University (B.A. 1970)