JAMES A. PAYNE EDUCATION. Law School Graduate School Undergraduate School. Indiana University Bloomington, Indiana

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1 JAMES A. PAYNE Work The Environmental Law Group, Ltd. 133 First Avenue North Minneapolis, Minnesota (612) (612) (direct) EDUCATION Law School Graduate School Undergraduate School University of Minnesota Law School Minneapolis, Minnesota Degree: J.D. cum laude, 1975 Minnesota Law Review, President Indiana University Bloomington, Indiana Indiana University Graduate Fellowship, Dartmouth College Hanover, New Hampshire Degree: A.B. cum laude, 1968, English Dartmouth Senior Fellowship; Phi Beta Kappa; National Merit Scholarship EMPLOYMENT Attorney/Shareholder 2000-Present The Environmental Law Group, Ltd. Minneapolis, Minnesota Practice exclusively in the area of environmental law. Representation of businesses and public entities in cases arising under major pollution control statutes. Experience includes defense of enforcement actions; negotiation of remediation plans; management of environmental permitting efforts; environmental auditing; counseling with respect to environmental aspects of business transactions; and drafting environmental legislation.

B. cum laude, 1968, English Dartmouth Senior Fellowship; Phi Beta Kappa; National Merit Scholarship EMPLOYMENT Attorney/Shareholder 2000-Present The Environmental Law Group, Ltd.

2 Attorney/Partner Oppenheimer Wolff & Donnelly, LLP Minneapolis, Minnesota See practice description above. Attorney/Shareholder Popham Haik, Schnobrich & Kaufman, Ltd Minneapolis, Minnesota See practice description above. Served at various times as Quality Assurance Chairman/Ethics Officer and Recruitment Chairman. Attorney/Partner Pepin, Dayton, Herman, Graham & Getts Minneapolis, Minnesota (Associate, 1976) Practiced primarily in the area of environmental law, focusing on environmental impact, land use, wilderness preservation, and wildlife protection laws. Representation of both national environmental organizations and of local citizen groups organized to address specific local environmental issues. Experience included litigation against major federal water resource projects; litigation and legislative work to protect wilderness areas; management of local land use cases; and legislative and consulting work associated with the development of Minnesota s hazardous waste program. Adjunct Professor William Mitchell College of Law St. Paul, Minnesota Taught course in environmental law and regulation. Guest Lecturer Hamline University, Graduate Program of 2000 Liberal Studies St. Paul, Minnesota Taught seminar sessions on environmental policy. Faculty Advisor Environmental Moot Court, University of Minnesota Law School Minneapolis, Minnesota Evaluated briefs, judged oral arguments, and advised student members and directors of Environmental Moot Court. 2

Attorney/Partner Pepin, Dayton, Herman, Graham & Getts 1977-84 Minneapolis, Minnesota (Associate, 1976) Practiced primarily in the area of environmental law, focusing on environmental impact, land

3 Adjunct Professor University of Minnesota Law School 1980 Minneapolis, Minnesota Taught course in environmental law and regulation. Administrative Assistant State of Vermont, Office of Comprehensive Health Planning Montpelier, Vermont Regulated new hospital construction, organized areawide health planning councils, and provided staff support for federal health care delivery demonstration project. Administrative Assistant Hough-Norwood Family Health Care Center Cleveland, Ohio Provided general administrative staff support for health care project sponsored by Office of Economic Opportunity. PUBLICATIONS The Use of Peer Review to Resolve Remediation Disputes Under Superfund: A Case Study, Science and Technology Committee Newsletter (American Bar Association Section of Environment, Energy, and Resources), Vol. 5, No. 1 (October 2005). Environmental Protection, in Roberts, ed., Minnesota Practice: Real Estate Law (West Group: 2003) (co-author with James A. Mennell). Minnesota Environmental Law, in Gerard, ed., Environmental Law Practice Guide (Matthew Bender, 1992; revised and updated, 1995) Landowner Liability for Hazardous Substance Disposal Sites under the Minnesota Environmental Response and Liability Act, Minnesota Real Estate Law Journal, Vol, 1, No. 14 (September-October, 1983) Actions for Personal Injury and Economic Loss under State Superfund Law, Minnesota Trial Lawyer, Vol. 9, No. 1 (September-October, 1983) Liability for Hazardous Substance Disposal, Minnesota Trial Lawyer, Vol. 6, No. 7 (November-December, 1981) 3

provided staff support for federal health care delivery demonstration project.

4 Course Chairman: REPRESENTATIVE SEMINARS AND LECTURES Environmental Law: Looking Towards the Future, Minnesota Institute of Legal Education (January 28, 1999) Protecting Minnesota s Urban Environment, Minnesota Institute of Legal Education (December 5, 1996) Waste: Programs, Policies and Perspectives in 1995, Minnesota Institute of Legal Education (February 3, 1995) Minnesota s Environment, Minnesota Institute of Legal Education (October 19, 1993) The Environmental Factor: Intersections with Other Legal and Professional Disciplines, Minnesota Institute of Legal Education (January 17, 1992) Controlling Toxics, Minnesota Institute of Legal Education (October 26, 1990) Environmental Liability: Enforcement, Prevention and Defense, Minnesota Institute of Legal Education (November 4, 1988) Hazardous Waste in Minnesota 1986, Minnesota Institute of Legal Education (October 24, 1986) Representative Lectures: Reflections on MPCA s Administrative Process, Environmental Law Institute, Minnesota Institute of Legal Education (May 24, 2000) Air Toxics: Regulatory Issues, Environmental Law: Looking Towards the Future, Minnesota Institute of Legal Education (January 28, 1999) The Future of Environmental Law from a Practitioner s Perspective (panelist), Environmental Law Institute, Minnesota Institute of Legal Education (May 16, 1997) Current Urban Air Quality Issues: Hazardous Air Pollutants and Odorous Emissions, Protecting Minnesota s Urban Environment, Minnesota Institute of Legal Education (December 5, 1996) 4

Environment, Minnesota Institute of Legal Education (October 19, 1993) The Environmental Factor: Intersections with Other Legal and Professional Disciplines, Minnesota Institute of Legal Education

5 New Programs to Reform American Environmental Regulations, Preservation of our World in the Wake of Change, Sixth International conference of Israeli Society for Ecology and Environmental Quality Sciences, Jerusalem, Israel (June 30 July 4, 1996) Developments in the Federal Regulation of Hazardous Air Pollutants, Environmental Law Institute, Minnesota Institute of Legal Education (June 8-9, 1994) Enforcement of the Clean Air Act, Environmental Solutions Expo (September 15-17, 1992) MPCA Permits: The Applicant s Perspective, Environmental Law Institute, Minnesota Institute of Legal Education (June 3-4, 1992) Taking the Environmental Factor Into Account in Corporate Policies and Codes of Conduct, The Environmental Factor: Intersections with Other Legal and Professional Disciplines, Minnesota Institute of Legal Education (January 17, 1992) Environmental Law and Liability: New Concerns for the International Lawyer, Global Markets, Minnesota Institute of Legal Education (July 25-26, 1991) The Clean Air Act Amendments of 1990, Environmental Law Institute, Minnesota Institute of Legal Education (May 29-30, 1991) Proposed Amendments to the Clean Air Act, Controlling Toxics, Minnesota Institute of Legal Education (October 26, 1990) Regulating Agricultural Biotechnology, Agricultural Biotechnology: From the Test Tube to the Farm, Advanced Legal Education, Hamline School of Law (April 20, 1990) Claims Against the Federal Government Under Environmental Statutes, How to Sue the Government: Environmental Claims, Minnesota State Bar Association, Continuing Legal Education (April 1989) Defense of Civil Enforcement Actions, Environmental Liability: Enforcement Prevention and Defense, Minnesota Institute of Legal Education (November 4, 1988) The 1985 Victims Compensation Amendments to the Minnesota Environmental Response and Liability Act, Hazardous Waste in Minnesota-1986, Minnesota Institute of Legal Education (October 24, 1986) 5

1994) Enforcement of the Clean Air Act, Environmental Solutions Expo (September 15-17, 1992) MPCA Permits: The Applicant s Perspective, Environmental Law Institute, Minnesota Institute of Legal

6 Section 5 Claims under the Minnesota Environmental Response and Liability Act, Hazardous Waste Regulation and Liability, Advanced Legal Education, Hamline University School of Law (August 19, 1983) Lecturer at several other seminars on environmental law topics. Organizer and/or moderator of several educational programs on environmental law topics sponsored by American Bar Association s Section on Natural Resources, Energy and Environmental Law and Minnesota State Bar Association s Environmental and natural Resources Law Section. PROFESSIONAL MEMBERSHIPS AND ACTIVITIES Member, American Bar Association, Section on Environment, Energy and Resources; Chair, Special Committee on Biotechnology, ; Vice-Chair, Special Committee on Science and Technology (formerly Special Committee on Biotechnology), , Member, Minnesota State Bar Association, Environmental and Natural Resources Law Section; Council Member, Member, Hennepin County Bar Association, Environmental Law Committee. Associate, Environmental Law Institute. Listed in Best Lawyers in America, present (Environmental Law). REPRESENTATIVE COMMUNITY ACTIVITIES AND MEMBERSHIPS Board Member, Nautilus Music-Theatre, Present Board Member, Springboard for the Arts, ; Vice-President, ; President, Board Member, Rose Ensemble, ; Executive Committee, Board Member, Eye of the Storm Theatre, Member, Citizens League Study Committee on Energy, Member, Citizens League Study Committee on Work Force Training, Board Member, Civic Leadership Foundation,

Organizer and/or moderator of several educational programs on environmental law topics sponsored by American Bar Association s Section on Natural Resources, Energy and Environmental Law and Minnesota

7 Chair, Advisory Committee on Genetically Engineered Organisms, Minnesota Environmental Quality Board, ; Member, Member, Special Committee on Artistic Excellence, Minnesota Opera, Member, Hennepin County Special Task Force on Hazardous Waste Management, Member, Hennepin County special Task Force on Civil Commitment Reform, Member, 201 Citizens Advisory Committee, Metropolitan Waste Control Commission (environmental representative on committee reviewing planning under Section 201 of the Clean Water Act), Board Member, Mental Health Association of Hennepin County, ; Executive Committee, ; Public Affairs Chairman,

Member, Hennepin County special Task Force on Civil Commitment Reform, 1979-80.

Kevin S. Burke Judge Hennepin County District Court

PROFESSIONAL ADDRESS: 404 Family Justice Center 110 S. 4 th Street Minneapolis, Minnesota 55487 Kevin S. Burke Judge Hennepin County District Court PROFESSIONAL EXPERIENCES JUDICIAL Judge, Hennepin County