Nancy Quattlebaum Burke

Principal
Nancy Quattlebaum Burke Image

Nancy Burke joined Gray Plant Mooty in 1986 and is an AV-rated principal practicing environmental and regulatory law in the Business Advisory and Real Estate practice groups. Her clients include businesses, energy companies, and local governments, and her practice covers environmental, regulatory, and safety matters throughout the country.

Experience

  • Represented lenders, borrowers, and investors on environmental aspects of various financing transactions. Examples include waste processing and disposal facilities, ethanol facilities, concentrated animal feedlot operations, gaming resorts, automobile sales and service, auto body providers, fossil fuel and wind energy, biomass energy, and sand and gravel, granite, and iron ore mining and processing facilities.
  • Managed the environmental aspects of sales, acquisitions and associated financings of numerous electrical generating facilities, energy development projects and pipelines on behalf of generator clients.
  • Represented clients in federal enforcement proceedings in multiple USEPA regions and before other administrative agencies, including USEPA OPA and CWA spills, USEPA air quality, USEPA EPCRA and RCRA, USEPA TSCA, USCOE wetland, and MSHA.
  • Negotiated agreements with and obtained permits from multiple regulatory agencies and public and private entities to secure primary and alternate water supply sources for an electrical generating plant.
  • Facilitated obtaining timely environmental review, air permitting, water permitting, and other environmental approvals for a renewable energy client with an urgent start-up deadline.
  • Orchestrated the environmental issues related to numerous redevelopment projects involving contaminated property using tools such as USEPA prospective purchaser agreements, insurance, liability assurances, grants, delisting, and voluntary cleanup agreements. Her experience includes the Park Nicollet Clinic expansion, one of the first developments under Minnesota’s Land Recycling Act, the City of Rochester’s Minnesota BioBusiness Center and a development on the Reilly Tar Federal Superfund Site.
  • Represented Hawkes Co., a peat mining company, in a dispute with the U.S. Army Corps of Engineers regarding its CWA jurisdiction over 150 acres of peat land in Northern Minnesota both during the Corps administrative proceedings and before the district court, and as local counsel before the United States Supreme Court. After the Supreme Court granted Hawkes Co. the right to challenge whether lands are waters of the United States (WOTUS), on remand, the district court granted summary judgment in favor of Hawkes Co., blocking the Corps from exerting jurisdiction over the wetlands.
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