Introduction

John brings 45 years of experience in trial and administrative law to Fredrikson & Byron. His work is focused on the areas of energy law, eminent domain, and administrative law.

John chaired the Litigation Department at Messerli & Kramer from 1989 to 1991. He was a shareholder at LeFevere, Lefler, Kennedy, O’Brien & Drawz, P.A., from 1970-1989.

John has significant experience in energy-related projects, regulatory law, condemnation, environmental law, and litigation. Among his noteworthy cases, John concluded a lawsuit in which the client recovered more than $10 million in cash and $40 million in water supply facilities, all damages arising from major environmental pollution emanating from a federal arsenal.  In the 1970s and early 1980s, he was chief counsel in the “Powerline” cases, a $1.3 billion (1973 dollars) electric energy project. The late Senator Paul Wellstone co-authored a book on the project entitled “Powerline: The First Battle of America’s Energy War” (The University of Massachusetts Press, 1981).

From 1988 to 1992, he represented the city of Bloomington in the Mall of America condemnation cases.  Starting in 1997, John represented the Alliance Pipeline Project in Minnesota, a $3 billion high-pressure natural gas pipeline project stretching from British Columbia to Chicago. John has obtained a Certificate of Need for a 100 MW wind energy project and recently completed work on a 305 mile crude oil pipeline project. John represents Koch Pipeline, L.P., in its construction of the MinnCan Pipeline. On January 15, 2009, the Minnesota PUC granted a Certificate of Need for the Big Stone II high voltage transmission line; John represented the State of South Dakota in that proceeding. He also represents the city of New Brighton as Special Environmental Counsel. John has been a member of Fredrikson’s CapX2020 Land Rights Counsel Team since its inception in 2010.

As a continuing legal education lecturer, John has spoken on topics including laws affecting the siting and construction of large energy facilities, strategic alliances, eminent domain, special assessment law, and environmental law. He is active in national, state, and local bar associations.

Education

• University of Minnesota Law School, J.D., 1967
• Macalester College, St. Paul, MN, B.A., Political Science, 1964

Bar Admissions

• Minnesota, 1967
• U.S. District Court for the District of Minnesota, 1969
• U.S. District Court for the District of North Dakota, 1994
• U.S. Supreme Court, 1995

Practice Areas

• Energy
• Condemnation & Eminent Domain
• Transmission
• Environmental
• Real Estate Litigation

Representative Experience

Litigation:

• Energy, Environmental; Condemnation
• Alliance Pipeline: Lead counsel for Alliance Pipeline L.P.’s right-of-way acquisition in Minnesota. The 36-inch high pressure natural gas pipeline runs 1,900 miles from British Columbia to Chicago. The $3.0 billion project was North America’s largest construction project in 1999. Fredrikson commenced condemnation actions in thirteen Minnesota counties, involving over 300 parcels and over 1,000 respondents. The firm was also responsible for obtaining numerous permits and authorizations for each county, and found, engaged, coordinated, and presented appraisal experts and experts in agronomy, soils, engineering, pipeline safety, and crop disease.
• MinnCan Pipeline: Lead counsel for Minnesota Pipe Line Company, LLC’s 305-mile long crude oil “MinnCan” project.
• Big Stone II HVTLs: Special Assistant Attorney General for the state of South Dakota for the Minnesota administrative proceedings.
• 345 KV Projects: Land rights counsel for Xcel Energy and the CapX 2020 utilities: 620 miles of 345 kV and 230 kV high voltage transmission lines in Minnesota, North Dakota, South Dakota, and Wisconsin.
• Landowner representation: Lead trial counsel for Reichhold in Minneapolis Community Development Agency v. Reichhold, Inc. (2005). After three contested hearings on petition, the District Court denied the MCDA’s condemnation petition. Ultimately the District Court granted Reichhold its costs and attorneys’ fees.

Corporate:

• Corporate Counsel, Strategic Alliances, Administrative, Rule-Making

Appellate Cases:

• Columbus Concerned Citizens vs. Minnesota Racing Commission, et al. (Minn. Ct. App. 2006)
• In re Application of North Metro Harness, Inc. (711 N.W.2d 129) (Minn. Ct. App. 2006)
• Cooperative Power Association vs. M.G. Astleford (386 N.W.2d 313) (Minn. Ct. App 1986)
• Klapmeier vs. Town of Center of Crow Wing County (346 N.W.2d 133) (Minn. 1984)
• Cooperative Power Association vs. Aasand (288 N.W.2d 697) (Minn. 1980)
• Woida vs. United States of America (446 F. Supp. 1377) (Minn. 1978)
• No Power Line, Inc., et al. vs. Minnesota Environmental Quality Council (262 N.W.2d 312) (Minn. 1977)
• Joint Independent School District No. 287 vs. City of Brooklyn Park (256 N.W.2d 512) (Minn. 1977)
• No Power Line, Inc. vs. Minnesota Environmental Quality Council (250 N.W.2d 158) (Minn. 1976)
• Edward Kraemer & Sons, Inc. vs. Village of Burnsville (245 N.W.2d 445) (Minn. 1976)
• Gibson vs. Commissioner of Highways (178 N.W.2d 727) (Minn. 1970)

Significant Environmental/Energy Litigation:

• Plymouth vs. Universal Circuit Board: 1972 (Minnesota); environmental contamination of the City’s sewer system.
• The “Powerline” cases: 1973-82; fifty lawsuits and twelve Supreme Court cases in Minnesota, North Dakota, and Washington, D.C., involving the construction of an 1,100 MW power plant in North Dakota, a 435 mile-long ±400 kV direct current HVTL, two 345 kV HVTLs, and associated facilities.
• New Brighton vs. the United States of America: 1982-88 (U.S. District Court, District of Minnesota); contamination of New Brighton’s municipal water supply from the Twin Cities Army Ammunition Plant. The City recovered more than $10 million in cash and $40 million in water supply facilities.

Selected Publications & Presentations

• Panelist, “A Discussion of the Latest Developments in Minnesota Condemnation Law: CapX Cases: The Pending Powerline Cases, Particular Issues: The “Buy-the-Farm” Law, Minimum Compensation, and Damages,” June 29, 2012
• Lecturer, “Wind Farms,” The 24th Annual Real Estate Institute (Minnesota State Bar Association), November 17, 2006, St. Paul, Minnesota
• Lecturer, “Strategic Alliances: Cooperative Power Association and United Power Association form Great River Energy,” NRECA G&T Legal Seminar, November 6, 1998, Duck Key, Florida
• Lecturer, “Legal Issues in the Cooperative Power Association/ Dairyland Power Cooperative Generation Alliance,” NRECA Generation and Transmission Legal Seminar, November 10, 1995, Santa Fe, New Mexico
• Lecturer, “Acquisition Problems, Solutions, and Negotiations in Connection with the Met Center - Mall of America Roadway Improvements,” Hennepin County Bar Association Committees of Local Government Law and Eminent Domain, April 1992
• Organizer/Moderator, “Legal and Engineering Issues Associated with the Use of Granular Activated Carbon to Treat Contaminated Groundwater,” June, 1991
• Lecturer, “The Condemnor: Commencing the Action,” Minnesota Institute of Legal Education, 1986, 1988
• Lecturer, “Environmental Considerations in Siting and Constructing a Generating Plant and Related Transmission,” NRECA Generation and Transmission Legal Seminar, 1979
• Lecturer, “Recent Developments in Special Assessment Law,” Hennepin County Bar Association Local Government Law Committee, 1979
• Lecturer, “Recent Legislative Proposals in the Field of Eminent Domain,” Minnesota Association of City Attorneys, 1979
• Lecturer, “The Impact of Kraemer v. Burnsville on the Law of Special Assessments,” Minnesota State Bar Association Local Government Section, 1979
• Lecturer, “Examination of the Effect of the Energy Agency Act, the Power Plant Siting Act, the Environmental Policy Act, and the Minnesota Environmental Rights Act on Minnesota Condemnation Law,” Hamline University School of Law, 1978, 1979, 1980, 1983; Snowbird Lodge, N.W.T., Canada, 1982
• Lecturer, “The Role of the Expert Witness in Administrative Law Proceedings,” Gilbert/Commonwealth, Jackson, MI, 1977

Professional Activities

• American Bar Association: Environmental, Natural and Energy Section; Litigation Section
• Minnesota Bar Association: Public Utilities Section
• Hennepin County Bar Association: Eminent Domain Committee (former Chair)
• Special Assistant Attorney General for the State of Minnesota, 1967-70
• Special Assistant Attorney General for the State of South Dakota, 2006-2009
• Former General Counsel for Alliance Pipeline Inc., Cooperative Power Association, GEN~SYS ENERGY, and Great River Energy
• Special Environmental Counsel for the city of New Brighton
• Navigator (1st Lt.) Minnesota Air National Guard (1966-1972)

Honors & Distinctions

• The Best Lawyers in America (2012)
• AV rating in Martindale-Hubbell