Regulatory & Litigation Support

Resource Dimensions president, Dr. Gustanski, began her legal sector career in 1982 as a legal intern working predominantly on personal injury, products liability, and worker's compensation cases. Later she worked as a law clerk providing internal litigation support for a large multi-national fluid systems handling firm in Minneapolis working on the company's national and international products liability, worker's compensation, OSHA compliance, and hazardous materials cases. By the late 80's, she had worked both with the State of Minnesota Attorney General’s Office and later with the law firm of O'Connor & Hannan where her caseload covered a range of environmental, land use, personal injury, property damage, and institutional liability cases.

For over two-decades Dr. Gustanski and other Resource Dimensions partners have provided various regulatory and litigation consulting assistance related to the economic and socio-economic impacts of policies, programs, land use zoning, and environmental and natural resource damages. With educational and practical experience in law, economics, land use planning and environmental sciences, she has a reputation for her ability to identify issues, analyze data, and present convincing findings to support her client's position.

Our work with non-profit organizations on regulatory, public policy, and legislative issues dates to the early 1980's when Julie worked for the Minnesota Public Research Interest Group (MPIRG) on their efforts towards shaping state and federal regulations and standards on power generation and pollution effluents. The project, a significant success, resulted in Northern State’s Power's agreement to invest in pollution control measures. Other work includes research and policy analysis on the effects and threats posed by acid rain, and assistance in drafting the Minnesota Acid Deposition Act. The Minnesota Act was the first emissions reduction bill in the country to specifically target acid rain as an environmental hazard requiring government regulation.

More recently our regulatory/policy work has centered on uniform conservation easement enabling legislation, sustainability policies, utility and coal interest claims on the negative economic impacts of state conservation easement laws, water rights and rule-making relative to water rights form the Columbia River and Walla Walla basin, greenhouse gases, the Clean Air Act, and Wild and Scenic Rivers Act.

Resource Dimensions has conducted research, analyses, and economic analysis for dozens of cases in several states. We have assisted with the preparation of experts and panels of experts from diverse fields, and have supported our clients in drafting numerous legal pleadings, briefs, and memorandums in cases that have awarded judgments for clients ranging from $40,000 to $600,000,000.

Given the often protected and on-going nature of litigation, we have provided only limited descriptions of a few recent cases below.. F or more detailed information please contact us at: legsupport@ecologiclaecon.com

Economic Impacts of Down-zoning
For a range of public and private clients, Resource Dimensions has conducted various analyses to evaluate both near and long-term local and regional economic impacts related to land use policy changes that have effectuated down-zoning of lands under a variety of circumstances and conditions. To date studies have been conducted in several states, including California, Minnesota, New Jersey, New York, Pennsylvania, Washington, and Wisconsin.

Economic Impacts and Mitigation Fund Analysis
For the Columbia River Inter-Tribal Fish Commission, Confederated Tribes of the Umatilla Reservation, Nez Perce and Yakima Nation, Resource Dimensions conducted an economic analysis to estimate an appropriate mitigation PAF value relative to issuance of new and/or conversion of water rights resulting in additional withdrawals from the Columbia River. The second component of the study evaluated the amount of mitigation that could be purchased at the State proposed mitigation rate of $10 PAF over ‘x’ time periods. Study results were used to support PCH Board mandated negotiations between the state and tribal governments.

Environmental and Socio-economic Damages Assessment
Analysis, and preparation of testimony relative to claims for environmental, and socio-economic damages in two cases challenging the U.S. Forest Service 1993 Boundary Waters Canoe Area Management Plan.

Analysis of Future Interests Values
Resource Dimensions conducted an assessment of transferor and transferee future interests in land to enable negotiations and aid in determining full land value for corporate timber client transferring interests in land to public domain.

Policy Review and Expert Witness Testimony
In re Appeal to the Pollution Control Hearings Board (PCHB) on behalf of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR), et al. Resource Dimensions reviewed appeal and provided consultation services and expert testimony with regard to Appeal challenging the issuance of certain water rights for additional withdrawals of water from the Columbia River. Conducted economic impacts analysis and projected economic value of indirect benefits related to water rights into the future. PCHB ruled in favor of client on the matter.

Economic Damage Valuation and
Redevelopment Strategies for a Small Mountain Town
Conducted economic damage valuation related to historic contamination of the Town’s soils and groundwater by the BNSF Railroad’s fueling station located in the town. In process.

Policy Review and Hearings Brief
Resource Dimensions conducted research, policy review and assisted in the preparation of the hearings brief on socio-economic impacts of livestock grazing on public domain National Forest lands for hearing before the Subcommittee on Resources, 105th Congress, First Session.

Policy Review, Revisions and Hearings Brief
Resource dimensions, Dr. Gustanski, conducted conservation policy review, revisions and impact analysis to prepare a hearings brief related to proposed policy changes on 70+ Pennsylvania county townships. Testimony presented to state legislators, board of commissioners, and local government officials.

Advisor - Lincoln Institute of Land Policy
Reinventing Conservation Easements Project
Resource Dimensions president, Dr. Julie Ann Gustanski, was involved in review, editing and making recommendations on Jeff Pidot’s 2005 Lincoln Institute fellowship project in which current U.S. conservation easement laws were critically examined with the intent of creating new real estate laws that would provide greater assurance to the promises imposed by conservation easements to future generations.

Uniform Conservation Enabling Legislation Assessment and Analysis of State Laws
Through 4Ever Land Conservation Associates, Dr. Gustanski together with partner Barb Warren and colleague Roderick Squires (University of Minnesota) engaged in conservation easement legislation nationwide. The project and subsequent analyses, and recommendations on proposed conservation easement amendments, resulted in the production and publication of Protecting the Land: Conservation Easements Past, Present, and Future (Island Press: Washington, DC, 2000).

Preliminary Damage Valuation
Resource Dimensions’ Dr. Gustanski, conducted preliminary damage valuation, identified and coordinated experts, and provided expert opinion testimony for plaintiff’s in a class action case that threatened criminal action against a manufacturing firm for alleged RCRA regulatory violations by allowing tetrachloroethylene to contaminate groundwater and wells over a 5-mile radius. Case settled with multi-million dollar pay-out by defendant.

Economic Impacts of Groundwater Contamination
For the Governor’s Committee, Non-Point Source Pollution (MN), Dr. Gustanski assisted in developing the methodology used and conducted an assessment of economic impacts of groundwater contamination from feedlot operations and policy impacts of proposed rule changes on Minnesota’s agricultural economy.

Economic Damages and Share Allocation
Resource Dimensions’ Dr. Julie Ann Gustanski, worked with legal team for federal and state government to both determine the extent of economic damages and develop the shared responsibility matrix for allocation of responsibility by various former owners of a chemical manufacturing and storage facility. CERCLA private party cost recovery action by current owner for groundwater contamination due to product tank leaks.