BRIAN AIDS CLIENTS IN WINNING GOVERNMENT APPROVAL FOR NATURAL RESOURCES, ENERGY, AND CAPITAL INVESTMENT PROJECTS. BRIAN ALSO REPRESENTS CLIENTS IN ENVIRONMENTAL, NATURAL RESOURCES, ENERGY, LAND USE, AND INSURANCE DISPUTES.
Brian's energy practice focuses on representing investor-owned utilities and cooperatives before state utility boards, in transactions, and in disputes between energy buyers and sellers. Brian represents natural resources clients in navigating acquisitions, environmental review, and project approval. In Brian's environmental practice, he represents clients in real estate transactions, enforcement, and in environmental litigation. Brian also helps private parties and government entities resolve difficult land use issues. Brian's insurance practice involves seeking indemnification, and often defense costs, from liability insurers.
Environmental, Natural Resources, and Energy Law
- In re N. States Power Co., No. A15-1831, 2016 WL 3043122 (May 31, 2016):Successfully advocated for an investor-owned utility before a state utility board and appellate court related to its solar gardens program
- State ex rel the Associated Contract Loggers & Truckers of Minn. v. N. States Power Co., Court File No. 11-CV-17-2090 (Minn. 9th Jud. Dist.): Successfully won dismissal of a lawsuit by a trade association against an investor-owned utility seeking to prevent the utility from closing a biomass power generation facility
- Represented group of crude oil shippers intervening in a contested case for a certificate of need for the replacement of a crude oil pipeline.The certificate was granted.
- Conducted due diligence for natural resources projects in the Midwest, West, and Alaska.
- Defended an investor-owned utility against suit by a State for rents for the utility’s hydroelectric facilities’ use of riverbeds, successfully defended against a motion to remand to state court and won dismissal of certain claims.
- Counseled copper-nickel mining company on its rights under its preference rights lease application
- Advised mineral development client on its right to lease renewal
- Represented mining company in disputing federal government’s withdrawal of minerals on national forest system lands
- Advocated on behalf of copper-nickel company in receiving government approval for a 211-mile right-of-way to the company’s mineral holdings and in mine permitting
- Represented client in enforcement action, which was eventually dropped, before the Minnesota Pollution Control Agency for alleged violations of Clean Water Act permits
- Assisted client in obtaining liability protection through Minnesota’s brownfields program
- Assisted an investor-owned utility in the purchase of an 80 megawatt, $143-million wind farm
- Successfully applied to the Federal Energy Regulatory Commission for approval for an investor-owned utility to acquire for several wind-energy facilities
- Represented a large-industrial energy consumer in a contested case proceeding before a state utility board challenging its costs of service
- Won an over 50 percent reduction in a metal-plating company’s unpaid sewer discharge fees
- Persuaded the Environmental Protection Agency not to pursue enforcement action against a company that had neglected to make a report under the Emergency Planning and Community Right-to-Know Act (EPCRA)
- Advocated on behalf of distribution cooperative before a state utility board related to the cooperative’s cogeneration and small power production tariff
- Assisted municipal power association in private bond placement
- Assisted private college in applying to rezone property for a science, technology, education, and math facility
- Represented manufacturer seeking to prevent adverse decisions in connection with a municipalities’ adoption of its comprehensive plan
- Completed due diligence for an investment company acquiring a hotel in an urban core.
- Conducted land use due diligence for a real estate company seeking to invest in a mixed-use development
- Counseled client on obtaining height variance for industrial facility
- Cheer Pack N. Am., LLC v. Valley Forge Ins. Co., Civil Action No. 15-14135-FDS, 2017 WL 1552315 (D. Mass. Apr. 28, 2017):Represented an insured in successfully establishing its general liability insurer’s duty to defend claims related to a product recall
- Secured contribution from an insurer for claims against an insured-consignment company related to vandalism of construction equipment in the insured’s care
- Advocated for a school in seeking insurance coverage for litigation related to a former teacher’s alleged sexual assault
- Quest Aviation, Inc. v. NationAir Ins. Agencies, Inc., No. 1:14-CV-01025-RAL, 2015 WL 1622031 (D.S.D. Apr. 10, 2015):Represented client suing insurance broker for breach of fiduciary duty after insurance coverage was denied for liability arising out of an airplane crash
News & Resources
Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made Policy
May 11, 2017
October 14, 2014
Industries & Practices
- Development & Infrastructure
- Energy & Natural Resources
- Insurance Law
- Real Estate & Land Use
Professional & Civic
- Tubman Safety Project Pro Bono Attorney
- Expungement Clinic Pro Bono Attorney
- Board of Directors – Citizens League (2010-Present)
- Board of Directors – African American Family Services (2010-2013)
- Minnesota Supreme Court Historical Society Education Committee (2015-Present)