Elizabeth H. Schmiesing
I collaborate with my clients to untangle regulatory knots.
Contact: P /612.604.6528E /[email protected]
Administrative Contact: Mary Holly P /612.604.6467E /[email protected]
Education
University of Chicago Law School, J.D., with honors, 1992
University of Wisconsin, B.S., Zoology, with honors, 1988
Bar Admissions
Minnesota, 1992
U.S. District Court, D. Minn., 1994
U.S. Court of Appeals, 8th Cir., 1995
U.S. Court of Appeals, 6th, Cir., 1998
U.S. District Court, W.D. Mich., 1998
U.S. Court of Appeals, 10th Cir., 1999
U.S. District Court, W.D. Wis., 2006
My Approach
I’m a regulatory geek, and I am happy to own that label. I love digging into a problem for a client, analyzing all of the laws and regulations along with the client’s situation, and coming up with a solution. With my undergraduate education in Zoology, I apply the rigorous logic of the sciences to day-to-day business issues. I don’t forget that regulatory issues can seem arcane, but they have real-world impacts on real people’s lives and livelihoods.
I help clients understand the regulatory landscape and work with them to develop strategies to bring them into compliance, or keep them in compliance. I also work to make sure that clients understand their rights and obligations under regulations and how to navigate the regulatory structure to reduce liability and risk and most importantly, achieve business goals.
As a former in-house attorney, I understand the pressures and dynamics at issue when working with outside counsel on sensitive and high-profile matters because I’ve been the client. As a result, I understand how outside counsel can make life easier for attorney clients, and how not to add to an already-full plate.
Outside of work, I love spending time with my family, playing tennis, reading literature of varying quality, and going outside whenever I can.
An Evolved Perspective
It’s easy to view regulatory issues, especially environmental issues, as very black-and-white. After spending years representing clients in regulated industries, and meeting and working with the people that are at the heart of those industries, the nuances reveal themselves. It’s not business versus the environment—it’s much more complicated than that. I truly believe that we’re past the point of “midnight dumpers,” and that most businesses want to comply with the law and operate in a sustainable way. I work with my clients to find that place on the Venn diagram where compliance and successful business operations intersect.
Practice Areas
Practicing Environmental
My Experience
Significant projects and industrial operations can involve a host of environmental and other regulatory obstacles and issues. I help clients navigate the challenges and resolve the conflicts that can arise. Sometimes those conflicts can be resolved through negotiation and sometimes a contested case or litigation is needed.
I have successfully handled matters ranging from the collaborative to the contentious at the federal and state level, including matters before an array of regulatory agencies including the Minnesota Pollution Control Agency (MPCA), Minnesota Public Utilities Commission (MPUC) Minnesota Department of Natural Resources (MDNR), the Minnesota Board of Water and Soil Resources (BWSR) on the state side and the United States Environmental Protection Agency (USEPA) and United States Army Corps of Engineers (USACE) at the federal level. I regularly represent clients before the Minnesota Office of Administrative Hearings (MOAH) in enery and environmental contested case matters under the Minnesota Administrative Procedures Act I’ve litigated environmental review under both the Minnesota Environmental Policy Act (MEPA) and the National Environmental Policy Act (NEPA), and litigated Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a/k/a Superfund and Resource Conservation and Recovery Act (RCRA) claims in federal courtI’ve also successfully defended the grant of permits and variances both at the agency level and on appeal.
Representative Matters
- Represented a client in connection with the permitting of two expanded silica sand mines in southern Minnesota, involving environmental review, wetland permitting, water appropriations permitting and water discharge permitting.
- Represented a client in connection with the permitting of Tribal wastewater treatment plant.
- Tried CERCLA and RCRA claims on behalf of property owner in federal court.
- Represented potentially responsible parties in USEPA Superfund matter.
- Represented a client in a reinstatement proceeding before the USEPA, after they were debarred for criminal Clean Water Act violation.
- Defended an Indian Tribe in connection with USEPA investigation into use of generators on reservation.
- Represented Enbridge Energy in successful defense of Minnesota Environmental Rights Act (MERA) and Minnesota Environmental Policy Act (MEPA) litigation over pipeline environmental review, permitting and construction. Minnesota Center for Environmental Advocacy v. Minnesota Public Utilities Comm’n, No. A10-812 (Minn. Ct. App. Dec. 14, 2010).
- Obtained noise variance from the MPCA for the Minnesota Orchestral Association and successfully defended that variance. In re Application from Minnesota Orchestral Ass’n for a Variance from Minn. R. 7030.0040 for Operation of Proposed Brooklyn Park Performing Arts Center, 607 N.W.2d 478 (Minn. Ct. App. 2000)
- Represented Best Buy Company in successful defense challenge to permit for new corporate headquarters at both the agency and appellate court level. Walser Auto Sales, Inc. v. Best Buy Co., Inc., No. C6-01-888 (Feb. 5, 2002).
- Represented clients before the USEPA with respect to asbestos notifications.
- Conducted internal investigation of employee compliance with vendor policies and regulatory requirements.
- Represented a mining client in litigation over permits and land rights.
- Represented a manufacturing company in fraudulent transfer and corporate liability action brought by USEPA seeking recovery of costs for legacy contamination caused by defunct subsidiary.
- Represented manufacturers in MPCA enforcement and contested case matters. Matters include air permitting, wastewater disposal, hazardous waste compliance and consistency with regulatory requirements.
- Represented pipeline and transmission companies in siting matters, including permitting by MPUC and environmental review under MEPA
- Defended a construction company in MPCA construction stormwater enforcement action.
- Advised on compliance with California Proposition 65, the European Union (EU) directive on Restriction of Hazardous Substances (RoHS) and EU directive on Waste Electrical and Electronic Equipment.
- Regularly represent developers on Brownfields redevelopment projects.
- Represented property owners and prospective purchasers with respect to vapor intrusion issues.
- Represented a food producer with respect to potential criminal prosecution of alleged Clean Air Act violations.
- Represented a health care insurer in USDOL Employee Benefits Security Administration investigation into overpayment recovery.
- Represented a hospital system in connection with audit of waste disposal practices.
- Represented a client in USEPA investigation of construction practices.
- Opinion and due diligence work on development and energy projects.
Awards
The Best Lawyers in America©
Minneapolis Lawyer of the Year: Environmental Law, 2022
Environmental Law, 2005–2011, 2021-2025
Energy Law, 2021-2025
Administrative/Regulatory Law, 2025
Super Lawyers®
Environmental, 2008–2011
Practicing Energy Legislative & Regulatory
My Experience
I represent regulated utilities, renewable developers, marketers and property owners affected by development of power projects and infrastructure. Energy projects are becoming increasingly enmeshed with environmental issues from siting, to emissions, to wildlife. I work with my clients to understand the various requirements and obligations, and also provide insight into how stakeholder interests can affect a project or proposal. My expertise in permitting, environmental review and administrative practice lets me understand the full regulatory picture.
Representative Matters
- Represented Enbridge Energy in successful defense of Minnesota Environmental Rights Act (MERA) and Minnesota Environmental Policy Act (MEPA) litigation over pipeline environmental review, permitting and construction. Minnesota Center for Environmental Advocacy v. Minnesota Public Utilities Comm’n, No. A10-812 (Minn. Ct. App. Dec. 14, 2010).
- Represented CenterPoint Energy Minnesota Gas in rate cases and other regulatory matters.
- Represented Avangrid in the first repowering of an established wind farm before the MPUC.
- Successfully defended bank against potential siting of electricity substation on its property in contested case matter before the Minnesota OAH and PUC.
Awards
The Best Lawyers in America©
Energy Law, 2023-2025
Also experienced in
Fraud & Abuse Audits and Investigations
Health Care Litigation
Native American Law
Appellate
Energy Litigation & Appeals
Regulatory Audits, Investigations & Enforcement Actions
Honors & Awards
The Best Lawyers in America©
Minneapolis Lawyer of the Year: Environmental Law, 2022
Environmental Law, 2005–2011, 2021-2025
Energy Law, 2021-2025
Administrative/Regulatory Law, 2025
MSBA North Star Lawyers
Pro Bono Service, 2019-2020, 2023
Super Lawyers®
Environmental, 2008–2011
Top 100 Women Lawyers in Minnesota
Super Lawyers®, 2008
Minnesota Justice Foundation Private Practice Award
2008
Associations & Memberships
Minnesota State Bar Association
Environmental, Natural Resources and Energy Law Section, Council Member
Environmental and Natural Resources Law Section, Past Chair, 2004-2005
Minnesota Brownfields
President, 2022-present
Board of Directors, 2020-2022
Children’s Law Center of Minnesota
Volunteer attorney
University of St. Thomas Law School
Adjunct professor, Environmental Law, 2010-2011
University of Minnesota
Adjunct professor, Environmental Law Moot Court, 2006-2009
Fund for Legal Aid
Board of Directors