Mertz Law                                  Douglas Kemp Mertz
Environmental and Natural Resource Law

Mertz Law
319 Seward Street
Juneau, AK 99801
(907)586-4004
FAX (907) 586-4141
dksmith@alaska.net



Natural resource and environmental concerns permeate legal and public policy decision-making in Alaska. Most projects of any size must deal with issues under the complex environmental and land-use regulations developed by federal and state agencies and applied in Alaska. Douglas Mertz has a unique perspective on these laws due to his extensive experience in Alaska. This experience translates into direct benefits to clients. 

Douglas Mertz's experience in environmental and natural resource law includes:

  • Represented the Department of Natural Resources and the Department of Environmental Conservation on issues related to pollution control and use of state lands. 
  • Served as the primary legal counsel for the Department of Environmental Conservation.
  • Acted as a legal advisor to every commissioner of environmental conservation and commissioner of natural resources in Alaska from 1980 to 199.
  • Served in both the Natural Resources section and the Oil & Gas section of the Attorney General's Office.
  • Served as the State of Alaska's representative on environmental matters to the National Association of Attorneys General
  •  Was chair of the NAAG's Oil Spill Task Force.
  •  Authored publications on resource law and oil spill legal matters, including co-authoring and editing the National Association of Attorneys General's Oil Spills: An Initial Response Manual for Attorneys General (1990). 
  • Successfully represented the State of Alaska in the Alaska Supreme Court on matters related to subsistence activities under state law, and in the U.S. Supreme Court and Courts of Appeals on matters related to federal preemption of state environmental regulations (see Chevron USA v. Hammond, 726 F.2d 483 [9th Cir. 1984]). 
  • Represented the State of Alaska in its investigation and litigation over corrosion problems on the Trans-Alaska Oil Pipeline
  • Represented Alaska in numerous lawsuits over oil and hazardous substance discharges, including the Exxon Valdez oil spill. 
  • Participated in influencing federal legislation, which became the Oil Pollution Act of 1990, and federal agency implementation of natural resource damage assessment regulations.

Since entering private practice, Mr. Mertz has:

  • Acted as environmental counsel to the Alaska Industrial Development and Export Authority in its connection with federal and state permitting of an innovative low-emission coal-fired power-plant, and with consideration of a proposed thermal energy power plant in a remote part of Alaska. 
  • Acted as permitting counsel to municipal authorities in connection with powerplant expansion
  • Served as counsel to a coalition of public interest groups negotiating agreements on permitting of mining activity
  • Advised individuals in connection with wetland activities before the U.S. Army Corps of Engineers
  • Represented businesses faced with demands by regulatory agencies for clean-up of contaminated sites. 
  • Worked intensively with the U.S. Environmental Protection Agency, the U.S. Forest Service, the Bureau of Land Management, the U.S. Army Corps of Engineers, and the State of Alaska's Department of Environmental Conservation, Department of Natural Resources, Department of Fish and Game, and Governor's Office. 
  • Monitored state legislative activities for the Prince William Sound Regional Citizens Advisory Commission, an organization of local governments, fishing groups, businesses, and public interest groups formed under federal law following the Exxon Valdez oil spill, and has acted as spokesperson for that organization before the Alaska Legislature. 
  • Taught seminars and participated as a faculty member in a number of continuing legal education events related to resource law, particularly on oil spill matters.

Douglas K. Mertz was named Civil Libertarian of the Year in 2008 by the 
American Civil Liberties Union for his work representing Joseph Frederick in the Frederick vs. Morse Supreme Court case regarding freedom of speech.
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