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Wisconsin and Minnesota Frac Sand Mining LawNBI, Inc.Eau Claire, WI Recently, the mining of frac sand (silica sand) has grown rapidly in Wisconsin leaving many attorneys, businesses, government officials and land owners navigating their way through uncharted legal territory. With this increase in frac sand mining, also comes a rise of many legal and regulatory challenges and requirements; including real estate purchase and lease transactions, royalty negotiations, government regulations and environmental concerns. Instructors: JOHN R. BEHLING is an attorney with Weld, Riley, Prenn & Ricci, SC. He practices in the areas of frac sand, mining and minerals, government relations and administrative & environmental law. Mr. Behling is “results oriented” and represented a frac sand producer to obtain the first countywide exemption to a nonmetallic mining moratorium. He also recently represented an oil and gas company in brokering an agreement with the Town of Howard in Chippewa County on a Non-Metallic (“Frac Sand”) Mining Agreement. This agreement is now known statewide and has become the standard for companies and municipalities alike. He represents EOG Resources, Inc., as well as the Menards corporation. Mr. Behling also is local counsel for administrative and environmental projects for Hi-Crush Proppants LLC, Smart Sand, Inc., Phillips Plastics, Kraemer Mining & Materials, Alter Trading Corporation and many other companies. At the firm, he serves as the co-chair of the above-referenced sections, is the firm’s vice-president and holds a position on the Management Committee. Mr. Behling was also recently appointed by Governor Scott Walker and unanimously confirmed by the Wisconsin Senate to a position on the University of Wisconsin Board of Regents. Prior to joining the firm, he was an aid to Governor Tommy Thompson in both Wisconsin and Washington. While in the Thompson administration, Mr. Behling was the Governor’s policy advisor on labor, employment and regulatory issues. He was appointed to serve in the office of the Secretary at the Department of Commerce. In that role, Mr. Behling assisted businesses working to expand or relocate in Wisconsin. He earned his B.S. degree from the University of Wisconsin. Mr. Behling also attended Georgetown University of Economics and earned his law degree from the University of Wisconsin Law School. He has been recognized four consecutive years by Law and Politics, a Milwaukee magazine, as a Rising Star in administrative law. TANYA M. BRUDER is an attorney with Spangler Nodolf Bruder & Klinkhammer, LLC. Her practice focuses on commercial litigation including contract, construction, insurance coverage, real estate, collection, trusts and estates, and landlord/tenant litigation. Ms. Bruder also handles personal injury litigation and appellate advocacy. She is the president of the Eau Claire County Bar Association, and an active member of the Chippewa County Bar Association, Eau Claire Area Chamber of Commerce and the Menomonie Chamber of Commerce. Ms. Bruder volunteers her time with the Eau Claire and Chippewa County Bar Association Free Legal Clinics. She graduated summa cum laude from the University of Wisconsin-Eau Claire with a degree in political science and earned her law degree from the University of Wisconsin Law School. Ms. Bruder has been recognized by Law and Politics and Milwaukee Magazine as a Rising Star. She also has been a faculty member at the University of Wisconsin Law School in the Lawyering Skills program. THOMAS GAPINSKE is senior program manager and hydrogeologist with FRACTAL and has over 32 years of experience in the environmental engineering industry. His technical practice is based on wise use of water resources and hydrogeology. In building business systems and project management processes, his years of professional practice have demonstrated success in hundreds of projects in the environmental consulting community. Mr. Gapinske completed ISO standard evaluations for hundreds of frac sand samples for suitability and compliance with material specifications. He earned his B.S. degree in water resources from the University of Wisconsin – Stevens Point, his M.B.A. from the University of St. Thomas – St. Paul, Minnesota, and his Master's degree in Hydrogeology from Wright State University – Dayton Ohio. ANDERS B. HELQUIST is an attorney with Weld, Riley, Prenn & Ricci, SC. He is a member of the firm’s frac sand, mining and minerals, administrative, and government relations sections. Mr. Helquist provides counsel to industrial frac sand entities seeking to establish nonmetallic mines in Wisconsin. He utilizes his experience in regulatory matters and government affairs to represent the frac sand industry in permitting, moratorium mitigation, and contract matters. Mr. Helquist works cooperatively with the Wisconsin DNR to obtain all necessary air permits and wetland or other waterway permits, with local governments to obtain conditional use permits, rezonings, reclamation plans and other approvals, and with applicable federal agencies. His experience also includes negotiating, drafting, and obtaining developer’s and road haul agreements on behalf of frac sand entities. Additionally, Mr. Helquist provides counsel to local governmental units. He combines his knowledge of municipal law and experience in labor and employment law to provide those governmental entities with comprehensive legal advice. He also is the attorney for the Village of Somerset and other municipalities throughout western Wisconsin. Mr. Helquist earned his B.A. degree, magna cum laude, from Taylor University in Upland, Indiana and his J.D. degree, with honors, from Drake University School of Law, where he was an Articles Editor for the Drake Law Review. PAUL B. MILLIS is a member of Weld, Riley, Prenn & Ricci, SC's frac sand mining and minerals, business, and real estate sections. His clients consist of individuals, large and small corporations, nonmetallic ("frac sand") mining entities, and landowners with nonmetallic mining reserves. Mr. Millis' mining company clients include international and Fortune 100 corporations. He has negotiated multiple complex mineral royalty and lease agreements on behalf of both individuals and mining entities. Mr. Millis earned his undergraduate degree from the University of Wisconsin - Eau Claire and his J.D. degree, cum laude, from the University of Wisconsin Law School. He is a member o the Wisconsin State Bar Association, Tri-County Bar Association and the Eau Claire County Bar Association. Mr. Millis serves on the District 5 Committee of the Wisconsin Supreme Court Office of Lawyer Regulation. BRIAN M. NODOLF is an attorney with Spangler Nodolf Bruder & Klinkhammer, LLC, where his practice focuses on business development and governmental relations with an emphasis on development and regulatory matters. He serves as counsel for both domestic and international business interests in the areas of planning and development, financing, compliance, and real estate. Mr. Nodolf is well versed in the area of mining and minerals and represents mining and energy companies and private landowners in the non-metallic mining (frac sand) industry. Navigating his clients through the government process is an integral part of his practice. Mr. Nodolf represents clients at all levels of government with extensive experience in land use, permitting and licensing, administrative process matters, and transportation. In addition to representing private clients in governmental matters, he serves as the City Attorney for the City of St. Croix Falls, Villages of Solon Springs and Radisson, and the Town of Cleveland. Mr. Nodolf earned his undergraduate degree, with highest honors, from the University of Wisconsin - La Crosse and his J.D. degree, cum laude, from the University of Wisconsin Law School. In 2010, he was named a Rising Star by Milwaukee Magazine. WILLIAM J. SPANGLER is an attorney with Spangler Nodolf Bruder & Klinkhammer, LLC, where he practice focuses on general corporate and commercial matters, contract law, as well as commercial and residential real estate. He earned his undergraduate degrees, with distinction, from the University of Wisconsin-Madison and his J.D. degree, cum laude, from Hamline University School of Law in St. Paul, Minnesota. During law school, Mr. Spangler served on the editorial board of the Hamline Law Review. He has been recognized by Law and Politics and Milwaukee Magazine as a "Rising Star" in business and corporate law. MICHAEL STOFFEL is a civil engineer and project manager with Ayres Associates. He is a Mine Safety and Health Administration (MSHA) certified professional who spearheads Ayres Associates’ services aimed at helping mining firms pursue permitting and development of their sites and facilities. Mr. Stoffel knows the regulatory lay of the land and keeps clients ahead of the compliance curve. He has built a solid reputation by listening to his clients and putting their needs first. Mr. Stoffel places a high priority on communication and responsiveness as he works with private and public clients in developing solutions for their needs. Through his experience and relationship development, Mr. Stoffel can identify and understand the underlying sensitive issues that define a project and provide the keys to success. He has coordinated activities that have helped mining companies with their deposit classifications, aerial imagery, environmental reviews, monitoring and compliance, land surveying, environmental site assessments, reclamation permitting, wetland and waterway permitting, air permitting, spur tracks, roadway and traffic design, site designs, stormwater management, construction specifications, and construction staking and inspection. Mr. Stoffel is a registered professional engineer in Wisconsin. He earned his B.S. degree in civil and environmental engineering from the University of Wisconsin-Madison. Mr. Stoffel has delivered sand mining presentations to the regional office of the Wisconsin Department of Natural Resources and the northwest chapter of the American Society of Civil Engineers. DUSTIN F. VON RUDEN is a member of Weld, Riley, Prenn & Ricci, SC's business, real estate and frac sand, mining and minerals sections. He provides advice and representation to businesses and individuals in all aspects of general corporate business and real estate matters. A significant portion of his business and real estate practice is devoted to matters related to the frac sand mining industry including representing landowners and mining entities in the negotiation and drafting of complex royalty, lease and sale agreements. Mr. Von Ruden earned his B.S. degree from the University of Wisconsin-La Crosse and his J.D. degree from Marquette University Law School. He is a member of the State Bar of Wisconsin as well as the Minnesota State Bar Association. JOHN B. WAGMAN is a partner with Mallery & Zimmerman, S.C. He concentrates his practice in the areas of business, real estate, and financing. Mr. Wagman has worked with clients regarding both non-metallic and metallic mining agreements. In the area of frac sand mining, he represents companies developing mines, landowners with frac sand deposits and investor groups who are funding mine development. Mr. Wagman earned his B.A. and J.D. degrees from the University of Wisconsin-Madison. (0 Ratings) As a service to its members, the American Planning Association (APA), together with its professional institute the American Institute of Certified Planners (AICP), provides listings of Certification Maintenance (CM) training opportunities. These listings are registered and approved for CM credit by APA, but APA is not affiliated with the parties listed here. 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