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Stephen M. Bruckner

Stephen M. Bruckner

Partner
Location:
Omaha, Nebraska
Phone:
402-978-5225 (Direct Dial)
402-341-6000
800-544-6041 (Toll Free)
Fax:
402-341-8290
E-mail:

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.

Areas of Practice

  • Environmental, Energy & Natural Resources Law
  • Government & Administrative Affairs
  • Commercial Litigation
  • Construction
  • Energy & Natural Resources
  • Environmental Law & Toxic Torts
  • Renewable Energy Practice

Litigation Percentage

  • 50% of Practice Devoted to Litigation

Bar Admissions

  • Nebraska, 1983
  • District of Columbia, 1982
  • U.S. District Court District of Nebraska, 1983
  • U.S. Court of Appeals 8th Circuit, 1983

Education

  • Georgetown University Law Center, Washington, District of Columbia
    • J.D. (Cum Laude) - 1982
  • Creighton University, Omaha, Nebraska
    • B.A. (Magna Cum Laude) - 1979

Published Works

  • CERCLA Liability for Routine Construction Activities, FindLaw for Legal Professionals, March, 2003

Classes/Seminars

  • Environmental Exposures in Construction Operations, Associated General Contractors 2002 Winter Meeting (February 2002), Associated General Contractors 2002 Winter Meeting
  • Environmental Exposures in Construction Operations (October 2002), Associated General Contractors 2002 Fall Meeting
  • Environmental Citizens Suits: A Defense Perspective (April 2003), Nebraska Safety Council: Nebraska Safety, Health & Environmental Conference & Exposition

Honors and Awards

  • Rated AV ® Preeminent by Martindale-Hubbell
  • Noted in The Best Lawyers in America in Environmental Law and Litigation - Environmental (peer nominations)
  • Named Best Lawyers' "Omaha Environmental Law Lawyer of the Year", 2014
  • Selected to Super Lawyers in the practice areas of Environmental Litigation, Energy & Natural Resources, and Construction Litigation, 2007 - 2009
  • Selected to Super Lawyers in the practice areas of Environmental Litigation, Energy & Natural Resources, and Construction Litigation, 2013

Professional Associations and Memberships

  • American Bar Association
  • District of Columbia Bar Association
  • Nebraska State Bar Association
  • American Bar Association - Section on Energy, Environment and Resources
  • Nebraska State Bar Association - Natural Resources and Environmental Law Section, Past Chair
  • Omaha Bar Association
  • Omaha Bar Association, Past President, 2004 - 2005
  • Omaha Bar Association, Omaha Bar Association Newsletter, Editor
  • Nebraska State Bar Foundation, Fellow
  • International Society of Barristers, Fellow
  • International Society of Barristers, Board of Governors, 2012 - Present
  • The American College of Environmental Lawyers, Fellow
  • Nebraska Disciplinary Review Board, Member, 2002 - 2009
  • Nebraska Disciplinary Review Board, Chairman, 2007 - 2008
  • Nebraska Lawyers Trust Account Foundation, President, 1994 - 1995
  • Leadership Omaha, Member
  • Auditing Roundtable, Member
  • Air and Waste Management Association, Member

Past Employment Positions

  • Honorable Richard E. Robinson, Senior Judge, U.S. District Court for the District of Nebraska, Law Clerk, 1982 - 1984
  • Steptoe & Johnson, Washington, D.C., 1982

Pro Bono Activities

  • Omaha Public Library Foundation - President, 2013
  • Omaha Public Library Foundation - Board of Directors, 2009 - Present
  • Opera Omaha, Inc. - President, 2013 - Present
  • Opera Omaha, Inc. - Board of Directors, 2009 - Present
  • St. Augustine Indian Mission - Board of Advisors, 2005 - Present
  • St. Augustine Indian Mission - President, 2008 - 2009
  • OneWorld Community Health Centers - Executive Committee, 1998 - 2004
  • OneWorld Community Health Centers - Advisory Committee, 2008 - Present
  • Duchesne Academy - Board of Trustees, 1999 - 2005
  • Kiwanis Club of Omaha - President, 1994 - 1995
  • St. Margaret Mary's Parish Council - President, 1993

Stephen Bruckner

Position: Partner

Email
402-978-5225

Practice Areas

Admitted

1983

  • Nebraska
  • U.S. District Court for the District of Nebraska
  • U.S. Court of Appeals for the Eighth Circuit

1982

  • District of Columbia

Education

LAW SCHOOL: Georgetown University, J.D., cum laude, 1982

COLLEGE: Creighton University, B.A., magna cum laude, 1979

Martindale-Hubbell | AV Preeminent(R) | For Ethical Standards and Legal Ability 2014 | Stephen M. Bruckner

Steve concentrates his practice in the field of energy, environmental, and natural resources law. Steve serves as lead counsel for a major Midwestern electric utility and also represents natural gas pipeline and distribution companies. His work includes complex environmental cleanup, enforcement, and citizen suit litigation.  Steve 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.

Honors and Awards

  • Rated AV ® Preeminent by Martindale-Hubbell
  • Noted in The Best Lawyers in America in Environmental Law and Litigation - Environmental (peer nominations)
  • Named Best Lawyers' "Omaha Environmental Law Lawyer of the Year" for 2014
  • Selected to Super Lawyers in 2007-2009, 2013 in the practice areas of Environmental Litigation, Energy & Natural Resources, and Construction Litigation

Professional Affiliations and Memberships

  • American Bar Association, 1983
  • District of Columbia Bar Association, 1982
  • Nebraska State Bar Association, 1983
  • American Bar Association - Section on Energy, Environment and Resources
  • Nebraska State Bar Association - Natural Resources and Environmental Law Section, past Chair
  • Omaha Bar Association, 1983 - Past President (2004-05); Omaha Bar Association Newsletter, Editor
  • Nebraska State Bar Foundation - Fellow
  • Fellow, International Society of Barristers, Board of Governors (2012 - present)
  • Fellow, The American College of Environmental Lawyers
  • Nebraska Disciplinary Review Board - Member (2002-2009); Chairman (2007-2008)
  • Nebraska Lawyers Trust Account Foundation - President (1994-1995)
  • Leadership Omaha - Member
  • Auditing Roundtable - Member
  • Air and Waste Management Association - Member

Judicial Clerkships

  • Law Clerk to the Honorable Richard E. Robinson, Senior Judge, U.S. District Court for the District of Nebraska, 1982-1984

Presentations and Publications

  • Associated General Contractors 2002 Winter Meeting: "Environmental Exposures in Construction Operations" (February 2002)
  • Associated General Contractors 2002 Fall Meeting: "Environmental Exposures in Construction Operations" (October 2002)
  • Nebraska Safety Council: Nebraska Safety, Health & Environmental Conference & Exposition, "Environmental Citizens Suits: A Defense Perspective" (April 2003)
  • FindLaw for Legal Professionals, "CERCLA Liability for Routine Construction Activities" (March 2003)

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.

Past Employment

  • Steptoe & Johnson, Washington, D.C., 1982

Other

  • Omaha Public Library Foundation - Board of Directors (2009-present); President, 2013
  • Opera Omaha, Inc. - Board of Directors (2009-present); President, 2013 - Present
  • St. Augustine Indian Mission - Board of Advisors (2005-present); President (2008-2009)
  • OneWorld Community Health Centers - Executive Committee (1998-2004); Advisory Committee (2008-present)
  • Duchesne Academy - Board of Trustees (1999-2005)
  • Kiwanis Club of Omaha - President (1994-1995)
  • St. Margaret Mary's Parish Council-President (1993)

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