Clients facing complex litigation and regulatory matters turn to Andy for his deep experience with environmental, transportation and energy law.

Overview

Co-chair of Stinson’s Energy, Environment, Mining, and Transportation Practice Division, Andy has served as lead counsel in litigated matters before state and federal district courts, appellate courts and administrative agencies. He has first chaired major litigated matters for clients including Class I railroads, agricultural businesses, energy companies, chemical companies, airports, universities and developers, among others.

A former Assistant Attorney General, Andy frequently represents clients in high-profile litigations, civil investigations, and enforcement actions involving the Minnesota Attorney General’s Office, the Minnesota Pollution Control Agency and other state and federal agencies.

In addition to his litigation work, Andy advises clients in complex regulatory matters and investigations, from environmental cleanups and spills, to derailments and emergency response issues, to investigations under the Clean Air Act and Clean Water Act and other federal and state statutes. His recent experience includes matters involving emerging contaminants such as PFAS.

Andy is committed to the firm’s pro bono program. He recently submitted amicus briefing to the United States Supreme Court in a death penalty case on behalf of the Lawyers’ Committee for Civil Rights under Law, and represents Afghan refugees in asylum matters. He also achieved a landmark civil rights victory in 2020 involving the recognition of transgender rights under the Minnesota Human Rights Act. Andy is a two-time winner of the Minnesota Lawyer Attorney of the Year Award.

Outside of his legal practice, Andy loves hanging out with his three kids, training his Aussiedoodle puppy, running, playing the trumpet and watching Timberwolves basketball.

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 & Insights

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

"Considerations for In-House Counsel Before Testing For PFAS," Law360, December 2023

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

Recognitions

Recognitions

Minnesota Lawyer Attorney of the Year, 2013 and 2021

Hennepin County Excellence Award, 2021

Andy was recognized for his pro bono work by the Minnesota Supreme Court in 2021

Professional & Civic Activities

Professional & Civic Activities

Friends of Como Park Zoo and Conservatory, Board of Directors 

  • Vice Chair

Federal Bar Association, Minnesota Chapter

Minnesota State Bar Association, Administrative Law Section, Past Chair

Cantus, Past Board Member

Admissions

  • Minnesota
  • Wisconsin
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Eighth Court
  • U.S. Court of Appeals for the Seventh Circuit

Education

University of Minnesota Law School, J.D., magna cum laude, 2006

University of Chicago, B.A., with honors, 1999

Clerkships

  • Honorable John R. Tunheim, U.S. District Judge in the District of Minnesota
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