Brian Holland

Brian Holland

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Representative Matters

  • Representation of major public mining company in nine-figure transaction for purchase of two large operating mines.
  • Local counsel for pipeline company in large interstate pipeline project - primarily advice and representation on land access matters (including easements - leases and condemnation) and state and local permitting.
  • Representation of buyer in multiple acquisitions of natural gas operating interests.
  • Representation of buyer in acquisition of wind energy project.
  • Eminent domain proceedings – for mining company on major hard rock mining project; for electric transmission line company on major project; for pipeline companies on various large pipeline projects.
  • Representation of independent power developer on natural gas power plant project.
  • Local counsel on project involving decommissioning of natural gas fired power plant.
  • Local counsel on financing transactions - including due diligence – for power plant; hard rock mining; oil and gas; and renewable energy (wind) transactions.
  • Local counsel to buyer on acquisition of oil refinery.
  • Representation of seller in auction process to divest power generation; oil and gas; independent power; coal mining; and utility businesses owned by seller.
  • Due diligence (other than financing transactions) on large hard rock mine and various energy or natural resources projects.
  • Representation of developer of enhanced oil recovery (EOR)/CO2 project.
  • Local counsel providing assistance on proceedings or litigation involving large hard rock mine; including dispute over final reclamation costs and dispute over complex mining partnership agreement.
  • CERCLA proceedings and other environmental litigation for subsidiary of major mining company in large historical mining district.

Brian Holland is the Partner in the firm’s Butte office. His work focuses primarily on large or complex energy and mineral related projects and transactions, such as power plants, pipeline projects, oil & gas transactions, mining projects, and wind energy projects, with his work involving various aspects, including due diligence, permitting, transaction agreements, condemnation, financing and financing opinions, and generally assisting clients complete projects and close transactions. He joined the firm in 2004 after serving as Senior Counsel with the Montana Power Company Legal Department, where he worked, starting in 1992, on a wide variety of energy-related projects and transactions. Prior to that position, he was in private practice with a litigation firm in Seattle for four years, and before that, he was with the Butte-Silver Bow County Attorney’s Office for four years. Brian is a Butte native who graduated from the University of Montana Law School in 1982, with his undergraduate degree in Economics from Carroll College, Helena, in 1978.

Practice Areas

    • Mergers & Acquisitions
    • Renewable Energy
    • Permitting and Environmental
    • Associated Transmission Lines
    • Title and Real Estate Related Matters
    • Mining – Hard Rock, Coal and Other Minerals
    • Oil and Gas
    • Pipelines, Transmission Lines and Other Linear Facilities
    • Power Plants, Hydro Facilities, Refineries and Other Industrial Facilities
    • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), Resource Conservation and Recovery Act (RCRA), and Solid or Hazardous Waste
    • Constitutional Environmental Claims (Montana)
    • Eminent Domain
    • Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA)
    • Environmental Due Diligence
    • Acquisitions and Dispositions
    • Due Diligence
    • Joint Ventures
    • Mergers
    • Land and Mineral Acquisition
    • Litigation and Administrative Proceedings
    • Merger and Acquisitions
    • Mine Development and Operation
    • Title Review and Curative
    • Environmental
    • Mergers and Acquisitions
    • Title Examination
    • Pro Bono
    • Development, Zoning and Land Use

Bar Admission

Montana, 1982
Washington, 1987

Education

1982 – J.D., University of Montana Law School
1978 – B.A. in Economics, Carroll College

Prior Experience (Employment)

1992-2003, Montana Power Company Legal Department; Butte, Montana
1988-1992, Lee, Smart, Cook, Martin & Patterson, Seattle, Washington
1984-1988, Butte-Silver Bow County Attorney’s Office (Chief Deputy: 1987-1988)
1983, Law Clerk to U.S. Magistrate Jack Shanstrom, District of Montana
1982-1983, Law Clerk to State of Montana District Court Judge Mark Sullivan

Honors & Awards

Best Lawyers in America for Commercial Transactions/UCC Law (2017-Present)

Community Involvement

Brian has been active in numerous community organizations, including serving on the Boards of the following organizations: Butte-Silver Bow Public Archives, Project Green of Montana, World Museum of Mining, and the Butte Amateur Hockey Association, plus involvement with several youth sports organizations.

Professional Affiliations

State Bar of Montana
American Bar Association
Rocky Mountain Mineral Law Association
Center for American and International Law, Institute for Energy Law

Presentations & Publications

2013 – The Seminar Group: Complex Issues in Montana Wind Power, Permitting and Regulatory Oversight, Helena, MT
2012 – Issues in Condemnation, Private Developer Perspective of the Condemnation Process, Helena, MT
2008 – State Bar of Montana: Hot Topics in Oil and Gas law, Natural Gas Power Plant Development, Great Falls, MT