Blaine Green leads the Native American Law practice at Pillsbury, one of a small number of big firms nationally recognized in this area.
Blaine represents tribes, as well as companies working with tribes, on a wide range of transactional (project finance, land-into-trust, construction), regulatory (gaming, tax compliance and advice) and litigation (disputes in courts and before the Interior Board of Indian Appeals) matters. He also litigates and arbitrates a broad array of complex environmental and commercial cases. He has first-chaired jury trials, court trials and arbitrations, and successfully argued cases before the California courts of appeal and the Ninth Circuit, resulting in many published decisions.
Representative Experience
Representing petroleum trade associations in a series of cases brought by environmental groups challenging the practice of hydraulic fracturing and other well stimulation techniques in California. Prevailed in three lawsuits to date.
Representing tribal joint ventures, as well as companies doing business on Indian land, in disputes with state and local government over attempts to tax on-reservation property and activities.
Representing a freight railroad in connection with environmental, commercial, transactional and litigation matters relating to California High-Speed Rail and related projects.
* Native American Law
* Represented Chehalis tribe and its joint venture partner in a Ninth Circuit appeal involving important issues of tribal sovereignty, economic development, and immunity from state and local taxation. Won a precedent-setting decision for tribes and their partners, holding that state and local government may not tax improvements built on Indian land.
* As counsel for a California-based tribe, led a multi-disciplinary team of Pillsbury lawyers in the $47.5 million syndicated financing and construction of a new casino and hotel.
* In a direct challenge to tribal sovereign immunity, successfully defended a tribe, its casino, tribal officials and casino employees against lawsuit for wrongful termination and violation of civil rights. First-chaired the case in the district court and the Ninth Circuit—including briefing and oral argument at the Court of Appeals—culminating in a published, precedential opinion.
* Represented a tribe in connection with its application to take land in federal trust. California objected to Interior’s decision to take the land into trust and filed an appeal to the Interior Board of Indian Appeals. Led the successful defense of this appeal.
* Representation and Advice to Companies Doing Business in Indian Country
* Represented private equity firm and forest products manufacturer in lease of mill on Indian land, log purchase agreement with tribe, and related transactions.
* Represented private businesses in the leasing and development of mineral rights on tribal land.
* Advised energy company on the Indian Law aspects of development project near to several Native American tribes, assisting company in consultation and negotiation with local tribal groups.
* Advising investment firm on engagement with tribe and federal recognition issues.
* Represented regional bank in $75 million refinancing of tribal casino.
* Represented various companies on Indian Law issues related to commercial agreements and transactions.
* Represented insurance company in project with tribally incorporated entity to develop worker’s compensation insurance program for Indian tribes.
* Represented developer of internet gaming venture for tribe.
* Represented financial services firm in negotiation and drafting of investment management agreement with tribe.
* Representing casino gaming services provider in tax refund lawsuit against Washington state taxing authority.
* Representing owner and operator of power plant on Indian land in tax refund claims against county in California.
* Representing operator of plywood mill on Indian land in defending notices of violation issued by U.S. Environmental Protection Agency.
* Represented non-Native property owner in connection with negotiation for transfer of land to Indian tribe.
* Environmental Litigation
* Representing citizens group challenging San Jose’s approval of an option agreement for the sale of downtown land to build a new baseball stadium for the Oakland A’s. Court ordered the city to withdraw the option agreement.
* Representing petroleum trade associations in two related lawsuits challenging the environmental impact report for Kern County’s ordinance that provides for the streamlined permitting of oil and gas wells.
* Representing oil industry groups in lawsuit by environmental group seeking to shut down thousands of injection wells needed for oil production in California. Defeated motion for preliminary injunction, prevailed at trial, and now defending appeal.
* Representing petroleum trade association in case challenging the State of California’s environmental review of the statewide impacts of hydraulic fracturing and other well stimulation treatments. Prevailed at trial.
* Represented petroleum trade associations in cases brought by environmental groups—pursuant to the California Environmental Quality Act and the Underground Injection Control program—challenging the practice of hydraulic fracturing. Obtained dismissal of both cases.
* Representing homeowners association in writ of mandate lawsuit by neighboring association, challenging the County’s abandonment of a public road easement through client’s subdivision. Defeated application for temporary restraining order that would have forced private vehicle access.
* Represented energy company in Superfund lawsuit seeking clean-up and damages arising from contamination at property used as a landfill. Obtained grant of partial summary judgment, and settled remaining claims for nuisance value.
* Defended energy company against housing developer’s claims for nuisance, trespass and indemnity arising from alleged contamination on property acquired by developer. Filed motion for summary judgment and, on even of hearing, settled case for minimal value.
* Represented forest products company in complex, multi-party Superfund lawsuit. Sued co-defendant for indemnity, obtained dismissal of claims against client, and favorably settled indemnity claims.
* On behalf of power plant owner facing long-running challenge over discharge permit, drafted winning briefs in the trial court and on appeal, culminating in published California Supreme Court decision in favor of client.
* Commercial Arbitration
* Represented phone service provider in arbitration of claims and counterclaims arising from unsuccessful implementation and management of customer billing system. Conducted week-long trial before three-arbitrator AAA panel, resulting in substantial award to phone service provider client.
* Defended a Native American tribe in JAMS arbitration involving gaming machine vendor and financing company, with potential damages of $20 million. Drafted and argued dispositive motion resulting in dismissal of all claims.
* Represented independent power producer in AAA arbitration with a demolition contractor over claims arising from a power plant modernization project. After second day of arbitration, contractor agreed to drop its claim, reimburse power producer for paying off liens, and complete the remaining demolition work when permitted.
* Represented power plant operator in connection with investigations and claims arising out of large oil tank fire. Settled claims against contractor before AAA arbitration hearing on very favorable terms to our client.
* Represented independent power producer in dispute with state agency over fees due under power purchase agreements. Prevailed at AAA arbitration, resulting in award of damages, as well as costs and attorneys’ fees.
* Defended seller of internet business against claims of breach of representations and warranties
