Krisann Kleibacker Lee focuses her practice on environmental and natural resource damage litigation. Krisann has represented business and government clients in a wide variety of litigation and administrative proceedings involving such major federal statutes as CERCLA, RCRA, NEPA, the Clean Water Act, and FIFRA, as well as numerous state environmental and agricultural statutes and regulations. As Co-Leader of the Faegre & Benson e-Discovery working group, Krisann also regularly advises internal and external clients on e-discovery strategies.

Before joining the firm, Krisann clerked for two years in U.S. District Court. She has served as an instructor of legal research and writing for first year students at the University of Minnesota Law School. As a law student, she worked as a legal assistant to then Senate Majority Leader Tom Daschle in the U.S. Senate, and externed for Chief Judge Michael J. Davis of the District of Minnesota. Prior to becoming an attorney, Krisann lived and worked in Japan. She is originally from South Dakota.

Representative Litigation

Some of Krisann's relevant experience includes the following:

Mortellite v. Novartis (Syngenta) Crop Protection, Inc., U.S. District Court for the District of New Jersey. The District Court granted summary judgment for client on claims by thirteen blueberry producers granted on the basis of prior settlement and FIFRA preemption. The Third Circuit Court of appeals reversed the dismissal as to seven growers on the basis of an intervening U.S. Supreme Court decision. 278 F. Supp. 2d 390 (2003); 460 F.3d 483 (3rd Cir. 2006). On remand, the District Court again granted complete summary judgment on the remaining claims of the remaining plaintiffs. The Third Circuit recently partially reversed that dismissal. Indian Brand Farms v. Novartis (Syngenta) Crop Protection, Inc., 2007 WL 4571087 (2007); 2010 WL 3122815 (Aug 10, 2010) (NO. 08-4484).

Oklahoma v. Tyson Foods, Inc., et al., U.S. District Court for the Northern District of Oklahoma. Represents Cargill, Inc. and Cargill Turkey Production in one of the largest natural resource damage suits tried in the United States in the last several years, culminating in a five-month-long bench trial in Tulsa, Oklahoma. Using a variety of federal and state environmental theories – including public nuisance, CERCLA, RCRA, trespass, and unjust enrichment – the plaintiff alleged that the structure of the poultry industry in a million-acre watershed resulted in nonpoint source water pollution. The case has been marked by a series of rulings for defendants, such as denial of plaintiff's motion for preliminary injunction; dismissal of all claims for compensatory and punitive damages, including all CERCLA and unjust enrichment claims; dismissal of RCRA, thereby preventing poultry litter from being onerously labeled as a RCRA "solid waste"; and dismissal of the state's claim that bacteria from litter had polluted watershed waters and pose a risk to human health or the environment. 565 F.3d 769 (10th Cir. 2009); 258 F.R.D. 472 (N.D. Okla. 2009); 2009 U.S. Dist. LEXIS 66530; 2010 U.S. Dist. LEXIS 14941.

Adams, et al. v. United States, DuPont, et al., U.S. District Court for the District of Idaho. Over 400 growers of various crops alleged off-target movement of herbicide applied by the Bureau of Land Management on government-controlled, fire-damaged land to control invasive weed species. Krisann was a member of the team that represented DuPont in a four-month trial of the claims of four bellwether plaintiffs, securing at the close of plaintiffs' case-in-chief dismissal of all claims for punitive damages and fraud. 622 F. Supp. 2d 996 (D. Idaho 2009); 2009 WL 18833600

Ramsey County Compost Litigation, Ramsey County, Minnesota. Successfully defended government from post-trial and purported class nuisance and negligence claims alleging property damage and human health effects caused by a residential composting facility.

Clerkships

Presentations

• Demystifying Metadata
  In-house client presentation

Publications

• Who's to Blame for Climate Change—Will the Supreme Court Review?
  Environmental Leader (2010)
• Defending Pesticides in Litigation (co-author)
  West (2008-2009 editions)
• Who's to Blame for Climate Change—Will A Jury Decide?
  Environmental Leader (2009)
• Will Juries Decide Who's to Blame for Climate Change?
  Law 360 (2009)

Trade Organizations

• Federal Bar Association
• MSBA Appellate Practice Section
• MSBA Environmental, Natural Resources and Energy Law Section
• Warren E. Burger Inn of Court

Pro Bono

• Co-Chair of Associates' Campaign for The Fund for the Legal Aid Society
• JUSTice FOR KIDS guardian ad litem appeals