Steve concentrates his practice in the field of energy, environmental and natural resources law. His work includes complex environmental cleanup, enforcement, and citizen suit litigation. Steve serves as lead counsel for a major Midwestern electric utility and also represents natural gas pipeline and distribution companies. He has litigated rate cases at the commission, trial and appellate court levels. In addition to his litigation practice, Steve has handled numerous complex construction and development projects including power plant construction, renewable energy facilities, and purchased power contracts.
Legal Experience
- Trimble, et al. v. Asarco, Inc. (District Court of Douglas County, Nebraska). Following dismissal of federal class action, Plaintiffs sought to bring class action in state court. Class action status denied in February, 2001. Appeal to Nebraska Supreme Court dismissed.
- ALLTEL v. Omaha Public Power District. (District Court of Douglas County, Nebraska). Defense of Omaha Public Power District in suit alleging $2 million overpayment of telecommunications license fees.
- U.S. EPA v. Lozier Corporation. (EPA, Region 7). Defense of Lozier Corporation in $250,000 civil penalty action alleging failure to comply with hazardous air pollutant standard.
- U.S. EPA v. HICA Steel Foundry. (EPA, Region 4). Defense of Louisiana steel foundry in civil penalty action seeking approximately $475,000 in civil penalties for alleged violation of hazardous waste management standards.
- State of Nebraska v. Avaya, Inc. (District Court of Douglas County, Nebraska). Civil penalty enforcement action seeking in excess of $200,000 in penalties for alleged improper disposal of hazardous waste and violation of hazardous waste management standards. Case settled for $80,000 involving supplemental environmental projects and reduced civil penalty.
- Nebraska Public Advocate v. SourceGas Distribution (Nebraska Supreme Court). Defense of SourceGas collateral attack against $8 million rate case order. District court ruled in favor of SourceGas. Decision upheld by Supreme Court of Nebraska.
- E3 Biofuels v. Dilling Mechanical Contractors (U.S. District Court, Nebraska). Defense of contractor in connection with damages arising from ethanol plant explosion.
- KN Energy v. Cities of Alliance, et al. (Lancaster County, Nebraska, District Court). Represented KN Energy in $100 million natural gas rate case involving disallowance of cost recover for long-term natural gas supply contract. Trial court ruled in favor of KN Energy. Decision affirmed by the Supreme Court of Nebraska in 2003.
- Entergy Arkansas, et al. v. State of Nebraska. (U.S. District Court, District of Nebraska). Represented Omaha Public Power District ("OPPD"), owner of the Fort Calhoun Nuclear Station, in suit alleging that the State of Nebraska violated duty of good faith by denying license for a low level radioactive waste disposal facility. The Plaintiff utilities, including OPPD, were the principal financiers and future users of the disposal facility. The utilities sued the State of Nebraska and joined the Central Interstate Low Level Radioactive Waste Commission, the quasi-governmental entity charged with the development of the disposal site. The Commission later realigned as a Plaintiff. Following extensive discovery and a series of appeals, OPPD withdrew from the case, allowing the Commission to continue the lead role in the litigation. Trial in June-July, 2002 resulted in ruling in favor of the Plaintiffs and damage award of $151 million. Decision affirmed in February 2004 by the United States Court of Appeals for the Eighth Circuit.
- City of Norfolk v. Downing, et al. (Madison County, Nebraska, District Court). Representation of City of Norfolk in suit seeking approximately $7 million in damages for contamination of Norfolk's water supply from leaking underground gasoline tanks. Case settled in 2003.
- Trimble, et al. v. Asarco, Inc. (U.S. District Court, District of Nebraska). Co-counsel for the defense of class action on behalf of more than 80,000 property owners and renters in the eastern portion of the City of Omaha alleging lead contamination of property from operation of Asarco lead refinery. Potential liability for property cleanup exceeded $1 Billion. Following class action-related discovery, trial court dismissed case in 1999. Decision upheld by Eighth Circuit Court of Appeals in 2000.
- Molycorp v. Owens Illinois, et al. (U.S. District Court, Western District of Pennsylvania). Defense of Continental Holdings, Inc., an affiliate of Level 3 Communications, Inc., in $10 million cost recovery action seeking damages for cleanup of coal tar contaminated property.
- Potter v. Asarco, Inc. (U.S. District Court, District of Nebraska). Defense of Asarco, Inc in citizen's suit under federal Clean Water Act alleging contamination of the Missouri River and adjacent groundwater from operation of lead refinery, and seeking multi-million dollar civil penalties and injunctive relief. Suit dismissed following trial in 1999. Appeal to Eighth Circuit later withdrawn by citizen Plaintiffs.
