Andrew W. Davis

Experience

Andy’s recent experience includes the following:

• Defended a major energy company in a class action alleging nuisance claims. After filing an early motion to strike the class allegations, the plaintiffs voluntarily dismissed the complaint.
• Represented a Class I railroad in a commercial dispute involving an environmental indemnity provision in an asset purchase agreement. The legal team led by Andy prevailed on summary judgment, which was ultimately affirmed by the Seventh Circuit Court of Appeals, resulting in a $16 million judgment.
• Defended a Minnesota-based cooperative in Superfund litigation involving the U.S. Department of Justice. The case settled on favorable terms for a fraction of the damages sought by the government.
• Represented a group of public entities in CERCLA litigation against the United States. The case resulted in a settlement in excess of $65 million, which will be used to fund the cleanup of a legacy military site.
• Defended a major transportation company in multi-party Superfund litigation, with cleanup costs in excess of $100 million. The case was resolved for a small fraction of the attempted cost recovery.
• Defended a chemical company against tort claims brought by eleven separate municipalities. Obtained a Rule 12 dismissal.
• Defended a developer in a historic preservation case alleging claims for injunctive relief under the Minnesota Environmental Rights Act (MERA). Plaintiff’s motion for injunctive relief was denied by the trial and appellate court.
• Defended a renewable energy company against claims under MERA and the Minnesota Administrative Procedures Act (MEPA) related to the siting of wind turbines.
• Represented a national retail company in responding to a civil investigative demand (CID) from the Minnesota Attorney General’s Office.
• Represented a major transportation company in a Clean Air Act investigation.
• Represented a major pipeline in an emergency response with state and federal regulators following a pipeline rupture.

In addition to these matters, Andy has recently represented clients on the following issues:

• Emerging contaminants such as per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS).
• Litigation involving the Minnesota Government Data Practices Act (MGDPA).
• Cost recovery and environmental enforcement litigation involving CERCLA, MERLA, RCRA, the Clean Water Act, Clean Air Act, and the Oil Pollution Act, among others.
• Federal class action defense involving environmental and toxic torts, noxious odors, and nuisance laws.
• Litigation involving natural resource damage assessments (NRDAs) and applicable federal and state
• Responding to civil investigative demands (CIDs) from the Minnesota Attorney General’s Office.
• Litigation involving historic preservation issues under the Minnesota Environmental Rights Act, or MERA.
• Litigation and regulatory issues related to state and federal environmental review laws such as the Minnesota Environmental Procedures Act (MEPA) and the National Environmental Procedures Act (NEPA).
• Preemption litigation involving Class I railroads and the Interstate Commerce Commission Termination Act (ICCTA).
• Counseling regarding tribal jurisdiction issues.
• Administrative litigation at the Minnesota Office of Administrative Hearings (OAH).

News

Speaking Engagements

Stinson Business Law Update, 2020-2022

Pronouns in the Legal Profession, January 2022

"Basics of Administrative Law," Minnesota Environmental Institute, April 2017

"Protecting the Privilege: Considerations for In-House Counsel," in-house presentation, February 2017

Publications

Author, Minnesota Supreme Court Recognizes the Common Interest Doctrine, Bench & Bar, January 2023

Author, "False Claims Act Expands in Age of Regulation," Minnesota Lawyer, January 2014

Author, "When Regulatory Noncompliance Becomes FCA Liability," Law360, March 2013