Brian Holland

Brian Holland

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Representative Matters

  • CERCLA proceedings and related environmental litigation for subsidiary of major mining company in large historical mining district. 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.

Brian Holland is a Partner in the firm’s Butte office. He was a long-time practice group leader of the firm’s Energy & Environmental practice group. He works closely with the firm’s oil and gas and natural resources litigation practice groups, and with attorneys in the commercial transactions practice group to coordinate the firm’s team approach to assisting clients with complex projects/transactions. His work focuses primarily on large or complex energy and natural resources or mineral related projects and transactions, such as mining projects and providing support on related environmental issues and litigation, including CERCLA/Superfund issues; renewable energy projects; power plants; pipeline projects; and oil & gas transactions. His work involves various aspects, including due diligence, permitting, transaction agreements, condemnation, and generally assisting clients complete projects or address complex issues. 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

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 Foundation

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