Stephen M. Bruckner

POSITION: Partner
PRACTICE AREAS: Environmental Law & Toxic Torts; Energy & Natural Resources; Construction; Commercial Litigation; Eminent Domain & Right of Way Acquisition; Federal Court Litigation; Class Action Litigation; Complex Litigation; Governmental & Administrative Affairs; Renewable Energy Practice; White Collar Crime
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
LAW SCHOOL:
  1. Georgetown University, J.D., cum laude, 1982
COLLEGE:
  1. Creighton University, B.A., magna cum laude, 1979
ACTIVITIES:
  1. International Society of Barristers -

    Fellow (2005-present)

  2. The American College of Environmental Lawyers -

    Fellow (2008-present)

  3. Nebraska Disciplinary Review Board -

    Member (2002-present); Chairman (2007-2008)

  4. Nebraska Lawyers Trust Account Foundation -

    President (1994-1995)

  5. Air and Waste Management Association -

    Member

  6. St. Augustine Indian Mission -

    Board of Advisors (2005-present); President (2008-2009)

  7. OneWorld Community Health Centers -

    Executive Committee (1998-2004); Advisory Committee (2008-present)

  8. Duchesne Academy -

    Board of Trustees (1999-2005)

  9. Kiwanis Club of Omaha -

    President (1994-1995)

  10. St. Margaret Mary's Parish Council -

    President (1993)

  11. Leadership Omaha -

    Member

  12. Auditing Roundtable -

    Member
MEMBER:
  1. American Bar Association, 1983
  2. District of Columbia Bar Association, 1982
  3. Nebraska State Bar Association, 1983
  4. Omaha Bar Association, 1983
BAR ACTIVITIES:
  1. American Bar Association -

    Section on Energy, Environment and Resources

  2. Nebraska State Bar Association -

    Natural Resources and Environmental Law Section, past Chair

  3. Omaha Bar Association -

    Past President (2004-05); Omaha Bar Association Newsletter, Editor

  4. Nebraska State Bar Foundation -

    Fellow
JUDICIAL CLERK:
  1. Law Clerk to the Honorable Richard E. Robinson, Senior Judge, U.S. District Court for the District of Nebraska, 1982–1984
PRIOR EXPERIENCE:
  1. Steptoe & Johnson, Washington, D.C., 1982
PRESENTATIONS:
  1. National Business Institute: Avoiding Environmental Liability in Commercial Real Estate Transactions in Nebraska (September 1990)
  2. National Business Institute: Environmental Advanced Real Estate Law (February 1991)
  3. Nebraska Continuing Legal Education: Environmental Law for the Non-Specialist II "Representing the Corporate Client" (November 1991)
  4. National Business Institute: Avoiding Environmental Liability (December 1991)
  5. Nebraska Continuing Legal Education: Natural Resources Law Seminar "Panel Discussion on Environmental Enforcement" (November 1992)
  6. Nebraska Safety Council: Environmental Management Conference, "Property Transactions" (May 1993)
  7. Woodward-Clyde: Air Quality and Air Pollution Control Seminar (June 1993)
  8. The Cambridge Institute: Tackling Environmental Issues in Nebraska (October 1993)
  9. Nebraska Safety Council: Environmental Management Conference, "Auditing and Compliance Programs" and "Waste Minimization" (June 1994)
  10. Nebraska Safety Council: Environmental Management Conference, "Internal Audits, Legal & Technical Perspective" and "Legal Perspective" (June 1994)
  11. Nebraska Continuing Legal Education: Natural Resources Law Seminar (September 1994)
  12. Nebraska Safety Council: Environmental Management Conference, "EPA Regulations vs. Nebraska Regulations" (May 1995)
  13. American Bar Association Conference
  14. Nebraska Safety Council: Environmental Management Conference, "Environmental Audits & Due Diligence" (May 1996)
  15. CLE International: Nebraska Water Law (June 1996)
  16. Nebraska Continuing Legal Education: Natural Resources Seminar "Clean Air Act Preconstruction Review and Title V Permitting" (July 1996)
  17. Nebraska Safety Council: RCRA Environmental Regulatory Inspections (May 1997)
  18. Nebraska Safety Council: Environmental Management Conference, "The Environmental Audit Bill" (September 1998)
  19. Associated General Contractors 2002 Winter Meeting: "Environmental Exposures in Construction Operations" (February 2002)
  20. Associated General Contractors 2002 Fall Meeting: "Environmental Exposures in Construction Operations" (October 2002)
  21. Nebraska Safety Council: Nebraska Safety, Health & Environmental Conference & Exposition, "Environmental Citizens Suits: A Defense Perspective" (April 2003)
PUBLICATIONS:

  1. The Nebraska Lawyer, "Valuable Risk Management Tool or Road Map for Penalties? Environmental Compliance Audits in Nebraska" (November 1998)

  2. FindLaw for Legal Professionals, "CERCLA Liability for Routine Construction Activities" (March 2003)
REPRESENTATIVE CASES:
  1. In Re: Council Bluffs, IA Manufactured Gas Plant Site. (State of Iowa). Defense of Omaha Public Power District in claim by Iowa Department of Natural Resources and Aquila, Inc. for cost recovery relating to contamination at former manufactured gas plant site in Council Bluffs, Iowa. Case pending.
  2. Trimble, et al. v. Asarco, Inc. (District Court of Douglas County, Nebraska; Hon. J. Michael Coffey). 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. Case is pending as individual actions, alleging property damage from lead contamination due to emissions from Asarco lead refinery.
  3. ALLTEL v. Omaha Public Power District. (District Court of Douglas County, Nebraska; Hon. James Gleason). Defense of Omaha Public Power District in suit alleging $2 million overpayment of telecommunications license fees. Case pending.
  4. U.S. EPA v. Lozier Corporation. (EPA, Region 7). Opposing counsel: Kent Johnson, Kansas City, Kansas. Defense of Lozier Corporation in $250,000 civil penalty action alleging failure to comply with hazardous air pollutant standard. Case settled for modest civil penalty and environmental projects.
  5. 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. Case settled in 1997 for $50,000.
  6. U.S. EPA v. Black Butte Coal Company. (EPA, Region 8). Defense of Superfund cleanup action relating to Ekotek waste site. Case settled in 1999 for $232,000.
  7. 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.
VERDICTS AND SETTLEMENTS:

  1. KN Energy v. Cities of Alliance, et al. (Lancaster County, Nebraska, District Court; Hon. Paul Merritt). Co-counsel for KN Energy in $100 million natural gas rate case. Defendant municipalities disallowed recovery of certain costs incurred by KN Energy under long-term natural gas supply contract. Trial was held in January–February, 2001. Trial court upheld the prudence of the natural gas costs incurred by KN Energy, and enjoined the adverse rate action of the Defendant municipalities. Case affirmed by the Supreme Court of Nebraska in 2003.

  2. Entergy Arkansas, et al. v. State of Nebraska. (U.S. District Court, District of Nebraska; Hon. Richard Kopf). 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, finding that the State's denial of the license was tainted by political influence and bad faith. The Plaintiff Commission was awarded $151 million, constituting all of the funding provided by the Plaintiff utilities, plus interest. Decision affirmed in February 2004 by the United States Court of Appeals for the Eighth Circuit.
  3. City of Norfolk v. Downing, et al. (Madison County, Nebraska, District Court; Hon. Robert Ensz). 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 with certain Defendants.
  4. Trimble, et al. v. Asarco, Inc. (U.S. District Court, District of Nebraska; Hon. Thomas Shanahan). 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. Trial court decision upheld by Eighth Circuit Court of Appeals in 2000.
  5. 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 for coal tar contaminated property in Washington, Pennsylvania. Case settled.
  6. Florida Power & Light v. Continental Holdings. (U.S. District Court, Middle District of Florida). Defense of Continental Holdings in cost recovery action for clean up of former manufactured gas plant site in Daytona, Florida. Suit demanded several million dollars. Case settled in 1999 for under $1.25 million.
  7. Potter v. Asarco, Inc. (U.S. District Court, District of Nebraska; Hon. Thomas Shanahan). 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.
  8. In Re: Rose Chemicals Company. (U.S. EPA, Region VII). Action under federal Superfund law to compel cleanup of PCB-contaminated property in Holden, Missouri. Representation of Omaha Public Power District as member of lead group of utilities conducting clean up. Case involved litigation against recalcitrant parties. Cleanup amount in excess of $30 million. Action completed in 2003.
OTHER:

  1. Georgetown University Jeffrey Crandall Award, for legal services to indigent clients

  2. Noted in The Best Lawyers in America in Environmental Law

  3. Selected to Great Plains Super Lawyers 2007-2009 in the practice area of Environmental Litigation
Stephen M. Bruckner
Phone

402-978-5225

Martindale-Hubbell Peer Review
Stephen M. Bruckner
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