Overview

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.

Services

Experience

Environmental Law

  • 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.

Transactional

  • Represent national middle-market private equity firms in hundreds of add-on and platform acquisitions and divestitures in a wide variety of industries including specialty coatings, motor vehicle aftermarket, utility-trailer manufacturers, and oil and gas services.
  • Represented national glass manufacturer in $450MM+ asset purchase of multi-location manufacturing division.
  • Represented a private equity-sponsored, world’s largest franchisor of home service brands in its acquisition of a professional lawn care company.
  • Represented energy company in the acquisition of approximately 1,150-megawatt power plant and HVDC transmission line.
  • Represent national real estate investment firm in sale-leaseback transactions involving industrial and commercial properties.

Land Use and Brownfield Redevelopment

  • Represent real estate developers, construction companies, property management companies, and investment firms in connection with the acquisition, redevelopment, ownership, and management of brownfield sites.
  • Advise clients in securing federal and state (e.g., CERCLA and MERLA) liability protections and assurances with respect to contaminated property, including through the Minnesota Pollution Control Agency’s Brownfield Programs.
  • Assist clients with the implementation of and compliance with institutional controls, including numerous environmental covenants and easements prepared in connection with MPCA environmental response projects and liability assurances.
  • Counsel clients with respect to brownfields grant applications and compliance and negotiate subgrant agreements with municipal and county grant partners.
  • Advise energy, mining, and commercial/retail clients with respect to land use and zoning matters, including obtaining and assessing conditional and special use permits, right-of-way permits, and building permits, and negotiating development, drainage, and road use agreements.

Water and Wetlands

  • Advise clients with respect to Section 404 permitting strategy and compliance, including in connection with multi-state pipeline project, transmission lines, and wind and solar projects.
  • 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.

Waste

  • Counsel industrial clients regarding hazardous and solid waste management, recycling, and compliance requirements.
  • Advised solid waste management facilities in connection with permit compliance and reporting requirements, including with respect to monitoring and financing assurance requirements.

Remediation

  • Advised potentially responsible party in connection with sale of property within federal Superfund site, and amendment of an associated consent decree and response action plan.
  • Represented numerous potentially responsible parties in connection with PRP group activities, including the investigation and cleanup of Superfund sites, the negotiation of consent decrees, and the consideration and negotiation of de minimis cash-out settlement offers.
  • Counsel clients in connection with hazardous substance and petroleum releases and vapor intrusion concerns, including release reporting, investigation, cleanup, and mitigation.

Environmental Permitting and Regulatory Compliance Counseling

  • Advise clients regarding environmental permit transfer, modification, or reapplication requirements in connection with mergers, acquisitions, and dispositions.
  • Assist clients in assessing applicability of environmental permitting requirements and obtaining necessary environmental permits.
  • Advise clients regarding proposed legislation, rules, and applicable regulatory requirements and guidance relating to emerging contaminants, including PFAS.
  • Advised electric utility on air permitting, water, and hazardous waste matters relating to carbon capture and storage.

Litigation and Enforcement

  • Served as team member representing municipality in litigation against U.S. Army regarding funding for treatment systems to remove legacy contaminants from arsenal operations from municipal drinking water supply.
  • Assist clients in response preparation and strategy following CERCLA Section 104(e) and RCRA Section 3007 information requests.
  • Counseled automotive aftermarket parts manufacturer in responding to EPA information requests under Clean Air Act Section 114, relating to compliance with Clean Air Act Title II emission standards. No enforcement actions were pursued.
  • Represented safety company in responding to EPA Clean Air Act Section 114 information requests and negotiated consent agreement and final order resolving alleged Clean Air Act Title VI violations.
  • Represent clients responding to and resolving NOVs and other regulatory enforcement proceedings, including negotiation of stipulation agreements.

Environmental Review

  • 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.

Agricultural Matters

  • Represented agribusiness company in its response to Minnesota Department of Agriculture request for agricultural chemical incident investigation and corrective action. Following our response, the MDA did not require our client to pursue the requested investigation or corrective action.

Energy

  • 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.

Energy

  • 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.

Credentials

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

Admissions

  • Minnesota, 2009

Recognition

  • Best Lawyers in America, Environmental Law, 2022-2024
  • Minnesota Super Lawyers Rising Star, Environmental, 2016-2023
  • Best Lawyers’ Environmental Law “Lawyer of the Year,” in Minneapolis, 2023
  • Fellow, American Bar Foundation, 2019-present
  • Indiana Law Journal, Notes and Comments Editor, 2008-2009; Associate, 2007-2008

Civic & Professional

Professional Activities

  • 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

Community

  • Voyageurs National Park Association, Board Member, 2013-2017; Chair, 2015-2016
  • Children’s Law Center of Minnesota, Volunteer Attorney

News & Insights

Speaking Engagements

Publications & Presentations

“Preparing for the PFAS Regulatory Future,” Course #501657, Day 1 / Live Webcast, March 19, 2024

“The PFAs and the Furious: Minnesota’s Burgeoning PFAs Regulatory Environment (and its Potential Effects on Your Company),” Course #498534, February 28, 2024

“Environmental Law 2024,” Course #497024 / Live Webcast, February 22, 2024

“Property Tax Appeals in Minnesota: 2024 Update,” Course #498724, February 2024

Co-Presenter, “The Interplay of Environmental Laws and Regulations with Real Estate Development and Property Tax Valuation,” Minnesota CLE: Property Tax Appeals in Minnesota 2024, February 15, 2024

“Beyond the Basics: Environmental Issues in Business and Real Property Transactions,” Minnesota CLE: 2022 Minnesota Environmental Institute, April 14, 2022

“CERCLA/MERLA/RCRA Update,” Minnesota CLE: 2021 Minnesota Environmental Institute, April 22, 2021

Co-Presenter, “CERCLA/MERLA Basics,” Minnesota CLE: 2020 Minnesota Environmental Institute, August 13, 2020

Co-Presenter, “Nationwide Permit 12 and the Keystone XL Litigation Virtual Roundtable,” FredEVENT webinar, May 27, 2020

Co-Author, “U.S. Army Corps Asks Federal Court to Stay Decision Vacating NWP 12, Indicates It Will Appeal,”  FredNEWS: Energy, April 28, 2020

Co-Author, “Federal Court Vacates Nationwide Permit 12,” 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

Co-Presenter, “Basic Environmental Issues in Business Transactions,” Minnesota CLE: 2019 Minnesota Environmental Institute, April 11, 2019

Co-Author, “EPA Process Kicks in on Freeway Sanitary Landfill,” FredNEWS: Environmental, March 2017

Co-Presenter, Managing Environmental Issues in Business Transactions: Dealing with Uncertainty and Regulatory Changes, April 23, 2015

Co-Presenter, Meeting Utility Resource Needs with Solar: The Merits of The Aurora Solar Project, March 19, 2014

Co-Author, “MISO Queue Reform Update,” FredALERT: Energy, April 20, 2012

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