On April 27, 2020, the U.S. Army Corps of Engineers filed a motion asking a Montana federal court to partially stay its April 15, 2020, decision vacating Nationwide Permit 12, pending a Corps appeal of that decision.
Lindsey combines her comprehensive environmental and regulatory knowledge with her transactional experience to provide added value to her industrial, commercial and energy clients.
Lindsey is a shareholder in the firm’s environmental and energy practice groups. In her environmental practice, Lindsey advises a wide range of industrial, energy, and commercial clients regarding environmental and liability issues, particularly those arising in the transactional context. She has served as environmental counsel in hundreds of successful mergers, acquisitions, and real estate transactions where she counsels clients regarding environmental liability and risk allocation; manages environmental due diligence; coordinates with environmental consultants and experts; and drafts and negotiates environmental provisions in purchase agreements, contracts and leases.
Lindsey advises industrial, energy and commercial clients on permitting and regulatory compliance in areas including waste, water, chemical regulation, brownfields, Superfund, air, and occupational health and safety. She regularly represents clients in negotiations and communications with the Environmental Protection Agency and state and local environmental agencies and departments, including those relating to enforcement and release reporting matters, as well as voluntary cleanup and brownfields programs. Lindsey also advises clients regarding environmental review processes (e.g., NEPA, NHPA, and MEPA) and land use and zoning matters.
In her energy practice, Lindsey provides regulatory counsel to clients regarding environmental matters, project permitting, generator interconnection, and compliance. She regularly serves as counsel to renewable energy developers in connection with construction debt and tax equity financing, where she provides federal, state, and local permitting and state and local regulatory support. She also advises energy developers and electric utilities regarding NEPA and NHPA triggers and requirements in connection with large-scale wind, solar, and transmission projects. Additionally, Lindsey has assisted renewable energy clients with navigating generator interconnection processes and provides counsel regarding compliance with federal regulations including the FPA and PURPA.
Prior to joining the firm, Lindsey worked as a legal intern for the U.S. Environmental Protection Agency, Region 7 in Kansas City, Kansas.
- Advised renewable energy developer on environmental, state regulatory, and permitting matters in connection with obtaining construction debt and tax equity financing for a 200 MW wind project and the associated transmission line.
- Counseled renewable energy developer in connection with federal environmental review of an approximately 200 MW wind project and transmission line, including development of an environmental assessment and Finding of No Significant Impact under NEPA, and negotiation of a Memorandum of Agreement under Section 106 of the National Historic Preservation Act.
- Assisted electric utility in obtaining Clean Water Act, Rivers and Harbors Act, and right-of-way permits from the Army Corps of Engineers for a large electric transmission project.
- Represented renewable energy developers in navigating generator interconnection procedures and obtaining interconnection agreements with transmission owners and transmission providers.
- Serves as environmental counsel to buyers and sellers in hundreds of mergers, acquisitions and real estate transactions.
- Advises industrial clients regarding environmental compliance in areas including waste, water, chemical regulation, air, and occupational health and safety.
- Counsels clients in the investigation and cleanup of contaminated properties.
- Represents energy and commercial developers in planning, zoning and land-use proceedings.
Articles & Presentations
April 17, 2020
On April 15, 2020, a Montana federal district court issued a decision in litigation arising from the Keystone XL pipeline that vacated Nationwide Permit 12.
February 21, 2017
By Susan D. Steinwall & Lindsey A. Remakel
In early February 2017, the U.S. Environmental Protection Agency (EPA) began mailing general notice letters and requests for information to parties it believes may be responsible under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for cleanup of the Freeway Sanitary Landfill Site, located in Burnsville, Minnesota.
April 20, 2012
On March 30, 2012, the Federal Energy Regulatory Commission (the Commission) issued an order conditionally accepting the Midwest Independent Transmission System Operator’s Tariff revisions in Docket No. ER12-309, effective January 1, 2012.
PUBLICATIONS & PRESENTATIONS
- “CERCLA/MERLA/RCRA Update,” Minnesota CLE: 2021 Minnesota Environmental Institute, April 22, 2021
- “CERCLA/MERLA Basics,” co-presented with Jeff Sepesi, Sepesi Law Office, Minnesota CLE: 2020 Minnesota Environmental Institute, August 13, 2020
- “Nationwide Permit 12 and the Keystone XL Litigation Virtual Roundtable,” co-presented with Haley Waller Pitts, FredEVENT webinar, May 27, 2020
- “U.S. Army Corps Asks Federal Court to Stay Decision Vacating NWP 12, Indicates It Will Appeal,” co-authored with Haley Waller Pitts and Jeremy Duehr, FredNEWS: Energy, April 28, 2020
- “Federal Court Vacates Nationwide Permit 12,” co-authored with Haley Waller Pitts and Jeremy Duehr, FredNEWS: Energy, April 17, 2020
- Panelist, “Regional Transmission and Coordination of Markets as the Midwest Transitions to Greater Reliance on Renewables,” Law Seminars International’s Eleventh Annual Conference on Renewable Energy in the Midwest, October 17, 2019
- “Basic Environmental Issues in Business Transactions,” co-presented with Thomas Braun, Stoel Rives LLP, Minnesota CLE: 2019 Minnesota Environmental Institute, April 11, 2019
- “EPA Process Kicks in on Freeway Sanitary Landfill,” co-authored with Susan Steinwall, FredNEWS: Environmental, March 2017
- Managing Environmental Issues in Business Transactions: Dealing with Uncertainty and Regulatory Changes, co-presented with Jeff Sepesi, Sepesi Law Office, April 23, 2015
- Meeting Utility Resource Needs with Solar: The Merits of The Aurora Solar Project, co-presented with Nathan Franzen, Geronimo Energy, LLC, March 19, 2014
- “MISO Queue Reform Update,” co-authored with Daniel Yarano and Todd Guerrero, FredALERT: Energy, April 20, 2012
Honors & Education
- Indiana University Maurer School of Law, J.D., 2009, magna cum laude
- Indiana University School of Public and Environmental Affairs, Master of Public Affairs, 2009
- Concordia College – Moorhead, B.A., 2005, magna cum laude
- Minnesota, 2009
- Minnesota Super Lawyers, Rising Star – Environmental Law, 2016-present
- Fellow of the American Bar Foundation, 2019-present
- Indiana Law Journal, Notes and Comments Editor, 2008-2009; Associate, 2007-2008
- Minnesota State Bar Association, Environmental, Natural Resources and Energy Law Section Council (Secretary, 2012-2013; Treasurer, 2013-2014; Vice Chair, 2014-2015, Chair, 2015-2016)
- American Bar Association
- Hennepin County Bar Association
- Former Board Member, Voyageurs National Park Association Boards of Directors, 2013-2017, (Chair 2015-2016)
- Volunteer Attorney, Children’s Law Center of Minnesota