Current Employment Position(s)

Chair

Lawyer Overview

David Crass is chair of the firm's Agribusiness, Food Processing and Distribution Group and a leader in the firm's Renewable Energy practice. Mr. Crass has served as the Managing Partner of the firm's Madison Office (2005-2008) and as chair of the firm's Land and Resources Practice Group (2003-2005). He focuses his practice primarily in the areas of environmental and energy law, climate change counseling, agricultural and food industries and renewable energy project development. Mr. Crass has represented clients in a number of multi-party environmental remediation sites including state and federal-lead hazardous waste sites, manufactured gas plant waste sites, impacted sediment cleanups, emergency spill response and removal actions. Mr. Crass has litigation experience in administrative contested case hearings, civil toxic tort defense, contribution actions, government enforcement defense, professional engineering malpractice and environmental insurance coverage litigation. On the transactional side, Mr. Crass has assisted both buyers and sellers in assessing environmental issues in real estate and corporate transactions, Brownfield redevelopments and insurance-backed liability transfers, and has also counseled lenders on various environmental issues. Mr. Crass has secured and negotiated federal, state and local permits and approvals for a number of projects, including industrial facilities, renewable energy plants and livestock operations.

Areas of Practice

• Agribusiness, Food Processing & Distribution
• Environmental
• Local Government
• Trade Associations
• Land & Resources
• Construction & Infrastructure
• Land Use
• Renewable Energy
• Government & Public Policy

Bar Admissions

• Wisconsin, 1991
• U.S. District Court Eastern District of Wisconsin, 2008
• U.S. District Court Western District of Wisconsin, 1991

Professional Associations and Memberships

• State Bar of Wisconsin (Member, Environmental Law Section)
• American Bar Association (Member)
• Dane County Bar Association (Member)
• Leadership Greater Madison - V (Member)
• Dane County Humane Society (Member, Board of Directors)
• Federation of Environmental Technologists - Madison Chapter (Program Chair)
• Lex Mundi’s Agribusiness Practice Group, 2006 - 2008 (Chair)
• Wisconsin Biodiesel Association (Board of Directors)
• Goodwill Industries of South Central Wisconsin (Board of Directors)
• Capital Region Business Journal (Advisory Board Member)
• Wisconsin Crop Production Association (Advisory Board Member)
• Board of Visitors of the College of Agriculture and Life Sciences, University of Wisconsin – Madison, 2007 - 2011 (Member)
• Wisconsin Bioenergy Initiative (WBI) (Member, Steering Committee)
• Industry Work Group of Governor’s Task Force on Global Warming (Member)
• Technical Advisory Committee on Revisions to WDNR Nonpoint Pollution Rules, NR 151 and NR 153, 2007 - 2008 (Member)
• Wisconsin Agribusiness Council Legislative Committee (Member)
• Renewable Fuels Association (RFA), Environment Committee (Member)
• Environmental Task Force, National Milk Producers’ Federation, 2005 - 2007 (Member)
• Dairy Business Association of Wisconsin, 2002 - 2008 (Board of Directors)
• Joint Legislative Council Special Committee on Recodification of Town Highway Statutes, 2002 - 2003 (Public Member)
• Wisconsin Department of Natural Resources Technical Advisory Committee for Rewrite of Concentrated Animal Feeding Operation Rule, 2003 - 2006 (Member)
• NRCS 590 Technical Standard Revision Work Team, 2004 - 2006 (Member)
• Wisconsin Department of Agriculture’s Model Ordinance Advisory Committee for Livestock Operations, 2001 - 2002 (Member)
• Federation of Environmental Technologists - Madison Chapter, 1996 - 1998 (Program Chair)
• Wis. Agricultural Chemical Clean-up Program (Past Member, Rule Advisory Committee)
• Leadership Greater Madison V, Madison Chamber of Commerce (Member)
• Dane County Humane Society, 1997 - 2000 (Board of Directors)

Honors and Awards

• Recipient, Outstanding Service to Industry Award, Wisconsin Fertilizer and Chemical Association/Wisconsin Crop Production Association (2006)
• Recognized as one of Madison's Who's Who of Professionals, 2005 - 2006
• Listed in In Business magazine's 2nd annual "40 under 40" executives (December 2002)
• Listed as one of the Best Lawyers in America for environmental law published by Woodward/White, Inc, 2003 - 2008
• Listed in Corporate Counsel’s Best Lawyers: Environmental Law, 2003 - 2005
• Named in In Business magazine as a VIP of Madison area civic-minded executives in its Annual Executive Register (2002, 2005-2008)
• Listed as a Wisconsin Super Lawyer by Milwaukee Magazine (2007)
• Selected one of Madison Magazine’s Best Lawyers for Environmental Law, 2001 - 2005

Classes and Seminars

• “Managing Risk in Volatile Markets -- Legal Issues”, Wisconsin Agri-Service Association Spring Seminar
• Moderator of “Next Generation Bioenergy: Update on State and Federal Policy”, Midwest Ag Energy Network Summit, February 5, 2008 - February 6, 2008
• “The Biofuels Industry in Wisconsin,” Wisconsin Public Radio IDEAS Network (Larry Meiller radio program)
• “Thank You, Midwest Environmental Advocates (MEA)”, Dairy Business Association 8th Annual Business Conference
• “Climate Change: From Scientific Debate to Policymaking”, Midwest Food Processors Association Convention & Expo
• Welcoming comments and statement of conference focus, Badger AgVest LLC and Agricultural Innovation Center’s “Investing in Agriculture” conference
• “The Challenge of Climate Change: Background, the International Context, and Wisconsin’s Role,” Wisconsin Environmental Working Group 2007 Environmental Policy & Awards Conference
• “Working with Agriculture, Session III: State and Non-Governmental Partners in Ag and the Environment – Wisconsin Dairy Business Association"
• “Profitable Growth Strategies for 2007” Executive Roundtable, Financial Research Associates, Inc. 2nd Renewable Energy Finance & Investment Summit
• “Global Update on Renewable Energy,” Financial Research Associates, Inc. 2nd Renewable Energy Finance & Investment Summit
• “Ag Lending – Selected Issues,” M&I Marshall & Ilsley Bank Ag Bankers Conference
• “Biotech Liabilities Panel Discussion: Legal Perspective”, Wisconsin Crop Production Association 2007 Manager’s Seminar
• “Planning for Expansion/Transition of Your Family Farm”, Marathon Feed Inc.
• “Expansion in Wisconsin – Progress Report,” National Milk Producers Federation (NMPF) Dairy Environmental Task Force meeting
• “Livestock Siting Law Implementation: An Update from the Front Lines”, 7th Annual Dairy Business Association Business Conference, November 29, 2006 - November 30, 2006
• Best Environmental Practices, Ten Tips for Dealing Effectively with Regulators”, 102nd MWFPA Convention & 79th Annual Processing Crops Conference, November 29, 2006 - November 30, 2006
• “Regulatory Update Potpourri & The Case of the “Better Farm Enterprises, LLC” Credit”, M&I Marshall & Ilsley Bank Ag Bankers Conference
• “Environmental Due Diligence In Real Estate Transactions - All Appropriate Inquiry”, Real Estate Development from Beginning to End in Wisconsin Seminar, Lorman Education Services
• “Minimizing Risks While Regulation Grows”, Wisconsin Association of Professional Agricultural Consultants 19th Annual Spring Seminar and Annual Meeting
• “Wisconsin’s Landmark Livestock Siting Legislation: What it is and What it isn’t”, Dairy Business Association’s 2006 Dairy Expansion Symposium
• "Expansion in Wisconsin: Reaching New Heights”, Dairy Business Association Expansion Symposium, February 2, 2006 - February 3, 2006
• "Green Tier: What it is and What it isn't", Wisconsin Agribusiness Council's Annual meeting
• “Legislative Update”, Wisconsin Fertilizer & Chemical Association
• "Expansion in Wisconsin: Do you know what to do? - Green Tier Reaching New Levels", 6th Annual Business Conference, Dairy Business Association of Wisconsin, Inc.
• "Hot Issues in Land Use: What Landowners, Developers and Builders Need to Know; Stormwater Management", MBF L&R PG Breakfast Seminar
• “Nuts and Bolts of Property Rights -- Origins of Private Property Rights, Their Evolution and Current Legal Issues Involving the Private/Public Property Rights Battle”, University of Wisconsin-River Falls College of Agriculture, Food and Environmental Sciences, UW-River Falls
• “Expanding Milk Production in the Upper Midwest: Challenges to Livestock Siting, Nutrient Management and Air Emissions”, Wisconsin Cheese Industry Conference
• “Overview of USEPA’S National Air Quality Agreement for Livestock Operations: What It Is and What It Isn’t, Large Dairy Herd Management”, Chippewa Valley Technical College
• “Regulatory Developments Affecting Wisconsin Farmers: More Regulation is Certain in an Uncertain World & Other Issues of Interest to Ag Lenders”, M&I Marshall & Ilsley Bank Ag Bankers Conference
• “USEPA’s Air Quality Compliance Agreement for Livestock Operations -- Legal Aspects”, National Milk Producers Federation (“NMPF”) Dairy Environmental Task Force Meeting
• “Livestock Siting & Expansion”, 5th Annual Dairy Business Association Conference, December 1, 2004 - December 2, 2004
• “Livestock Siting & Expansion”, Wisconsin Counties Association 66th Annual Conference
• “Legal/Political Strategies to Secure Project Support” (2004 International Fuel Ethanol Workshop)
• “Legal Update Developments Affecting Agricultural Lenders”
• “Regulatory Developments Pot-Pourri – Wisconsin Statewide Managers Association Spring Meeting"
• “Livestock Siting Challenges”, 9th Annual Progressive Strategies Conference
• “Livestock Siting Challenges”, Wisconsin Farm Credit Systems – Wisconsin Legislative Committee Conference
• "Agricultural Expansion and the Right to Farm", UW Law School's 24th Annual Town Lawyers Conference: A Legal and Practical Update for Local Government Attorneys and Officers
• “Environmental Hot Spots: Food Processing Community Forum,” Midwest Food Processors Association 98th Annual Convention
• "Wisconsin's Right to Farm Law", Wisconsin Counties' Association, 64th Annual Convention
• “Changes to UCC; Wisconsin Minimum Markup Primer”, Wisconsin Fertilizer & Chemical Association Manager Meeting
• “The Importance of Environmental Due Diligence in Mergers & Acquisitions”, Wisconsin Federation of Cooperatives
• “Environmental Due Diligence in Mergers & Acquisitions”, Environmental Issues Workshop & Idea Exchange; Wisconsin Federation of Cooperatives Environmental Issues Workshop
• “Legal Framework of Environmental Regulation”, UW Madison College of Engineering, Certified Hazardous Materials Manager Workshop,

Education

• University of Wisconsin, Madison, Wisconsin, 1991
  J.D.
  Honors: cum laude
  Honors: Order of the Coif
• University of Wisconsin-Madison, 1988
  B.A.
  Honors: With Honors

Published Works

• “Farmers Beware: Think Before Accepting Industrial Byproducts for Fill”, Dairy Business Association, DBA Newsletter, Volume 8, Issue 1, March, 2008
• “Proposed Revisions to Wisconsin’s Agricultural Performance Standards”, Wisconsin Crop Production Association, February 21, 2008
• “Homeland Security Rules to Affect Crop Producers”, Wisconsin Crop Production Association, WCPA Industry News Quarterly, Volume 5, Issue 1, Winter, 2007
• “Focus on Biodiesel Gaining in Wisconsin”, Wisconsin Association of Professional Agricultural Consultants, New Horizons, Volume XV, No. 2, Summer-July, 2007
• “Wisconsin’s Livestock Siting Review Board Issues Decision in Favor of DBA Founding Member”, Dairy Business Association, DBA Newsletter, Volume 7, Issue 3, September, 2007
• “DBA Collaborates with DNR to Encourage Dairy’s Superior Environmental Performance”, Dairy Business Association Special Supplement to Agri View, July 26, 2007
• Wisconsin Environmental Law Handbook, Fourth Edition, July, 2007
• “Federal Agencies Address Impact of Antitrust Law on Intellectual Property Rights”, WCPA Industry News Quarterly, Volume 4, Issue 3, Summer, 2007
• “United States v. Atlantic Research Corp.”, MBF Land & Resources Alert, June, 2007
• “Biodiesel – Wisconsin Moves Into the Limelight”, Dairy Business Associations, DBA Newsletter, Volume 7, Issue 2, June, 2007
• “Wisconsin Views on Biodiesel”, Wisconsin Crop Production Association, WCPA Industry News Quarterly, Volume 4, Issue 2, Spring, 2007
• “The Economics of Climate Change - Will you have a personal carbon account in the future?”, Dairy Business Association, DBA Newsletter, Volume 7, Issue 1, March, 2007
• “Global Warming Heats Up Wisconsin’s Agricultural Sector”, Wisconsin Association of Professional Agricultural Consultants, New Horizons, Volume XV, No. 1, January-March, 2007
• “Members’ Legal Needs Present Variety of Challenges - and Lessons”, Wisconsin Crop Production Association Industry News Quarterly, Volume 4, Issue 1, Winter, 2006
• “DBA Collaborates with DNR to Encourage Dairy’s Superior Environmental Performance”, Dairy Business Association Special Supplement to Agri View, July 26, 2007
• “The Chicago Climate Exchange: Monetizing Your Greenhouse Gas Reductions”, Dairy Business Association Newsletter, Volume 6, Issue 4, November, 2006
• “Legislature Sends DNR Livestock Rule Back for Re-work”, WFCA Industry News Quarterly, Volume 3, Issue 4, Fall, 2006
• “Renewable Energy Could Power Wisconsin’s Future”, Capitol Report Wisconsin, Fall, 2006
• “Livestock Siting Rule Implementation: An Update from the Trenches”, Dairy Business Association Newsletter, Vol. 6, Issue 3, September, 2006
• "Poised for Growth", Dairy Today's Elite Producer, August, 2006
• "New Law Authorizes UCA's to Spur Rural Economic Development", Agri-View, July 27, 2006
• “EPA Proposes New CAFO NPDES Rules; Wisconsin’s CAFO Rulemaking Moves to Legislative Review”, MBF Agribusiness Alert, July, 2006
• “Promotion of Renewables Presents Opportunities for Wisconsin Agriculture”, WFCA Industry News Quarterly, Volume 3, Issue 3, Summer, 2006
• “Wisconsin Outlaws Obesity Suits Against Food Industry”, Dairy Business Association Newsletter, Vol. 6, Issue 2, June, 2006
• “Promotion of Renewables Presents Opportunities for Wisconsin Agriculture”, Dairy Business Association, April 4, 2006
• "Efforts to Regulate Alachlor Metabolite Stalled", WFCA Industry News Quarterly, Vol. 3 No. 2, Spring, 2006
• “Tips for Dealing Effectively with the Regulator”, WFCA Industry News Quarterly, Vol. 2, Issue 3, Summer, 2005
• “Growth ‘Critical’ to Wisconsin’s Future”, Agri-View, Vol. 31 No. 17, Page C-1 & C-10, April 28, 2005
• “EPA Conducts Two-year Study: Regulating Farm Emissions”, Wisconsin Lawyer, April, 2005
• “Managing Risk When Providing Nutrient Management Planning Services”, WFCA Industry News Quarterly, Vol. 2, Issue 2, Spring, 2005
• “What should you do about the EPA consent agreement?”, Hoard’s Dairyman, March 25, 2005
• Client Alert: OMB Issues Final Guidance Identifying When Scientific Information Should be Subject to Peer Review, February 25, 2005
• “MB&F Secures Client’s Disputed Reimbursement: DATCP Clarifies “Gross Negligence” Standard”, WFCA Industry News Quarterly, Volume 2, Issue 1, Winter, 2004
• “WFCA Joins Coalition Challenging Local Phosphorus Ban Ordinance”, WFCA Industry News Quarterly, Volume 1, Issue 2, Fall, 2004
• “Right To Farm Law” Challenges Persist, August, 2004
• “Agribusiness Disconnect: Farming is More Under the Radar, but It’s No Less Important", In Business Magazine, June, 2004
• “Start Expansion with Local, Proactive and Defensive Steps", Midwest Dairy Business, August, 2001
• “EPA Signs TMDL Final Rule Despite Congressional Protests”, MBF website, July, 2000
• “Further Rule Changes on Horizon for Wisconsin’s Agricultural Chemical Clean-up Program (ACCP)”, MBF Agribusiness Alert, December, 1999
• "Wisconsin's Lender Liability Exemption: Preserving Safer Harbors in Stormy Weather", Wisconsin Banking News, Vol. 2, No. 7, July, 1997

Address

One South Pinckney Street
Suite 700
Madison, WI 53703

Phones

(608) 283-2267

Faxes

(608) 283-2275

Emails

Contact Us

Websites

http://www.michaelbest.com