Michael R. Cummings

Mike is an experienced counselor and advocate dedicated to helping his clients find practical solutions to energy development, environmental, carbon and permitting matters. Clients describe him as creative and pragmatic.

Mike has extensive experience successfully helping clients navigate environmental, real estate, and permitting matters for the development, sales and acquisitions, and financing of energy projects. In addition, with a focus on private equity, Mike frequently advises clients in mergers, acquisitions, and real estate transactions on environmental due diligence, risk assessment, allocation of liability, and negotiation of purchase agreements. Mike combines his environmental and transactional practices to draft and negotiate agreements related to the monetization of environmental and green attributes, including carbon related transactions.

Mike’s business-savvy approach draws greatly on his experience as an environmental consultant in the areas of environmental review, permitting, and agency consultations on energy projects. He also has a particular interest in the future of energy, including emerging energy technologies and energy sector decarbonization, and is a frequent speaker and author on these subjects.

Renewable Energy & Carbon Management

• Advised wind and solar energy companies on environmental and federal, state, and local permitting related to project development, acquisitions, divestitures and project financing, including preparation of numerous permitting legal opinions.
• Advised renewable energy developers on real estate and title.
• Drafted and negotiated agreements related to the monetization of environmental and green attributes, including carbon related transactions in the voluntary and compliance carbon markets.
• Advised forest management carbon sequestration client on real estate and operational matters.
• Advised electric utility on air permitting matters related to carbon capture and storage.
• Represented a wind energy developer in proceedings before the county board of commissioners and planning and zoning commission for a proposed 250-MW wind farm.
• Advised client on permitting and environmental requirements for the installation of modular technology product onto an existing ethanol plant.

Traditional Energy

• Advised oil and gas pipeline companies on environmental and permitting matters, including Clean Air Act, construction stormwater and wetlands permitting.
• Prepared drilling and division order title opinions in North Dakota’s Bakken field with complex mineral and leasehold chains of title and ownership, including the Missouri River, abandoned townsites, railroads, metes and bounds tracts, federal exploratory units and secondary recovery units.

Environmental

• Served as environmental counsel to private equity funds on hundreds of platform acquisitions and sales and add-on acquisitions across a broad spectrum of industries, including medical device, technology, bulk oil and fuel distribution, electronics and manufacturing companies.
• Drafted and negotiated environmental provisions in stock, asset, and real estate purchase agreements.
• Managed environmental due diligence for hundreds of mergers and acquisitions and real estate transactions.
• Prior to joining Fredrikson, as an environmental consultant, assisted energy companies with federal, state and local environmental permitting and compliance, including oil and natural gas transmission pipelines, natural gas utilities, and ethanol and biofuel facilities.

Education

• University of Iowa College of Law, J.D., 2006, with distinction
• Iowa State University, B.S., 2002, with distinction

Admissions

• Minnesota, 2009
• North Dakota, 2011
• Iowa, 2006
• Wisconsin, 2022

• North Star Lawyer, Minnesota State Bar Association, 2015-2016, 2020, 2022-2023

Professional Activities

• Minnesota State Bar Association, Environmental, Natural Resources and Energy Law Section Council
• ABA SEER Climate Change, Sustainable Development, and Ecosystems Committee, Marketing and Communications Vice Chair
• ABA SEER Oil & Gas Committee, Program Vice Chair
• Rocky Mountain Mineral Law Foundation
• American Bar Association Section of Environment, Energy and Resources

Community

• Mid-Minnesota Legal Aid, Volunteer Attorney