Daniel P. "Dan"

Ettinger

Partner

I work diligently and creatively to help my clients reach their goal of getting their projects up and operating. Always mindful of clients’ bottom lines, I know that until their projects go operational, they’re just spending money and not making it. The people I represent know I’ve got their backs and understand how important their projects are. I’ll do everything I can to help them get across the finish line.

Advising in the areas of mining, renewable/alternative energy, oil and gas, and other natural resource development, Dan Ettinger represents local, national and international clients in environmental litigation and appeals, zoning and administrative law, and permitting and compliance matters. A highly experienced and zealous advocate, he represents mining and other natural resource development companies in federal and state trial and appellate courts and before administrative tribunals and municipalities.

Successfully assisted an international natural resources company in obtaining the first non-ferrous metallic mineral mining permit issued in Michigan, together with other associated permits, for a nickel mine in the Upper Peninsula. The case resulted in two published decisions by the Michigan Court of Appeals. The mine is now operational.
Counsel of record in case obtaining 8-1 decision in favor of client in the U.S. Supreme Court, defeating claims of the federal government that sovereign immunity allowed the government to take land into trust for operation of a tribal casino and that client did not have prudential standing: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012).
Represented several

Successfully assisted an international natural resources company in obtaining the first non-ferrous metallic mineral mining permit issued in Michigan, together with other associated permits, for a nickel mine in the Upper Peninsula. The case resulted in two published decisions by the Michigan Court of Appeals. The mine is now operational.
Counsel of record in case obtaining 8-1 decision in favor of client in the U.S. Supreme Court, defeating claims of the federal government that sovereign immunity allowed the government to take land into trust for operation of a tribal casino and that client did not have prudential standing: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012).
Represented several mining and natural resource development companies in the upper Great Lakes region on permitting issues, compliance matters, tribal engagement and appeals in federal and state courts.
Successfully represented a mining company against efforts to enjoin project development in state and federal courts.
Successfully represented a mining company in lawsuit seeking to compel federal wetland permitting and review of project under the NEPA and NHPA, resulting in a published decision by the U.S. Court of Appeals for the Seventh Circuit.
Successfully represented a renewable energy developer in federal NEPA litigation, resulting in a published decision by the U.S. Court of Appeals for the Sixth Circuit.
Advised national wind energy facility developers on zoning and compliance issues for wind energy development projects in Michigan.
Obtained ruling from the Eastern District of Michigan that a township’s police power moratorium on wind energy development passed by resolution was void because it did not comply with the procedural requirements for amending a zoning ordinance.
Successfully represented CBS Outdoor, Inc. and other Michigan clients in municipal zoning and litigation matters.
Successfully represented Goodwill Industries of West Michigan on employment discrimination case, which was the first reported Michigan appellate court decision addressing the Family Medical Leave Act (FMLA).
Obtained judgment for Market Development Corp., striking down as unconstitutional the City of Fenton’s water and sewer tap-in ordinance.
Successfully appealed employment discrimination case on behalf of Holland Community Hospital after trial court granted summary disposition.
Assisted in successful representation of Wrench LLC in an idea misappropriation case against Taco Bell, obtaining a $30.1 million jury verdict and reversal of the trial court’s grant of summary judgment by the Sixth Circuit Court of Appeals.
Obtained dismissal of hospital privileges case in federal court; decision was upheld on appeal by the Sixth Circuit.

Moderator, “The Transformation of the Mining Industry to Support the Electric Vehicle Revolution,” The Foundation for Natural Resources and Energy Law, April 20, 23, Mexico City, Mexico
“Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar, May 12, 2020
“Voluntary Engagement with Tribes in Mine Development,” Cultural Resources Law 9^th Annual Conference, October 2016
“Testing Your Mettle: Environmental Review and Permitting for Modern Mining Projects,” Society of Mine Engineers Minnesota Conference, April 2016

Moderator, “The Transformation of the Mining Industry to Support the Electric Vehicle Revolution,” The Foundation for Natural Resources and Energy Law, April 20, 23, Mexico City, Mexico
“Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar, May 12, 2020
“Voluntary Engagement with Tribes in Mine Development,” Cultural Resources Law 9^th Annual Conference, October 2016
“Testing Your Mettle: Environmental Review and Permitting for Modern Mining Projects,” Society of Mine Engineers Minnesota Conference, April 2016
“Great Lakes Copper-Nickel Mining Update: Opportunities and Obstacles,” American Exploration and Mining Association Annual Meeting, December 2015
“Dust in the Wind: Regulation of Air Pollutants Beyond the CAA,” Joint Fall Conference, East and West Michigan Chapters of the Air and Waste Management Association and the Environmental Law Section of the State Bar of Michigan, November 2015
“Natural Resources Permits and Administrative Challenges: Eagle Mine as a Case Study,” State Bar of Michigan, Environmental Law Section, February 2015
“Engaging Aboriginal Communities in Mining Projects: The U.S. Experience in the Upper Great Lakes States,” 3^rd Ontario Mining Forum, June 2013
“Indigenous Consultation: Business Partnerships or Tribal Consent? A Perspective from the U.S. Great Lakes Region,” International Bar Association Annual Conference, 2013

Daniel P. "Dan"
Ettinger

Partner

Moderator, “The Transformation of the Mining Industry to Support the Electric Vehicle Revolution,” The Foundation for Natural Resources and Energy Law, April 20, 23, Mexico City, Mexico
“Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar, May 12, 2020
“Voluntary Engagement with Tribes in Mine Development,” Cultural Resources Law 9^th Annual Conference, October 2016
“Testing Your Mettle: Environmental Review and Permitting for Modern Mining Projects,” Society of Mine Engineers Minnesota Conference, April 2016

Moderator, “The Transformation of the Mining Industry to Support the Electric Vehicle Revolution,” The Foundation for Natural Resources and Energy Law, April 20, 23, Mexico City, Mexico
“Gaining Access to Government Data During COVID-19 with FOIA and OMA,” Warner Webinar, May 12, 2020
“Voluntary Engagement with Tribes in Mine Development,” Cultural Resources Law 9^th Annual Conference, October 2016
“Testing Your Mettle: Environmental Review and Permitting for Modern Mining Projects,” Society of Mine Engineers Minnesota Conference, April 2016
“Great Lakes Copper-Nickel Mining Update: Opportunities and Obstacles,” American Exploration and Mining Association Annual Meeting, December 2015
“Dust in the Wind: Regulation of Air Pollutants Beyond the CAA,” Joint Fall Conference, East and West Michigan Chapters of the Air and Waste Management Association and the Environmental Law Section of the State Bar of Michigan, November 2015
“Natural Resources Permits and Administrative Challenges: Eagle Mine as a Case Study,” State Bar of Michigan, Environmental Law Section, February 2015
“Engaging Aboriginal Communities in Mining Projects: The U.S. Experience in the Upper Great Lakes States,” 3^rd Ontario Mining Forum, June 2013
“Indigenous Consultation: Business Partnerships or Tribal Consent? A Perspective from the U.S. Great Lakes Region,” International Bar Association Annual Conference, 2013

Successfully assisted an international natural resources company in obtaining the first non-ferrous metallic mineral mining permit issued in Michigan, together with other associated permits, for a nickel mine in the Upper Peninsula. The case resulted in two published decisions by the Michigan Court of Appeals. The mine is now operational.
Counsel of record in case obtaining 8-1 decision in favor of client in the U.S. Supreme Court, defeating claims of the federal government that sovereign immunity allowed the government to take land into trust for operation of a tribal casino and that client did not have prudential standing: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012).
Represented several

Successfully assisted an international natural resources company in obtaining the first non-ferrous metallic mineral mining permit issued in Michigan, together with other associated permits, for a nickel mine in the Upper Peninsula. The case resulted in two published decisions by the Michigan Court of Appeals. The mine is now operational.
Counsel of record in case obtaining 8-1 decision in favor of client in the U.S. Supreme Court, defeating claims of the federal government that sovereign immunity allowed the government to take land into trust for operation of a tribal casino and that client did not have prudential standing: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012).
Represented several mining and natural resource development companies in the upper Great Lakes region on permitting issues, compliance matters, tribal engagement and appeals in federal and state courts.
Successfully represented a mining company against efforts to enjoin project development in state and federal courts.
Successfully represented a mining company in lawsuit seeking to compel federal wetland permitting and review of project under the NEPA and NHPA, resulting in a published decision by the U.S. Court of Appeals for the Seventh Circuit.
Successfully represented a renewable energy developer in federal NEPA litigation, resulting in a published decision by the U.S. Court of Appeals for the Sixth Circuit.
Advised national wind energy facility developers on zoning and compliance issues for wind energy development projects in Michigan.
Obtained ruling from the Eastern District of Michigan that a township’s police power moratorium on wind energy development passed by resolution was void because it did not comply with the procedural requirements for amending a zoning ordinance.
Successfully represented CBS Outdoor, Inc. and other Michigan clients in municipal zoning and litigation matters.
Successfully represented Goodwill Industries of West Michigan on employment discrimination case, which was the first reported Michigan appellate court decision addressing the Family Medical Leave Act (FMLA).
Obtained judgment for Market Development Corp., striking down as unconstitutional the City of Fenton’s water and sewer tap-in ordinance.
Successfully appealed employment discrimination case on behalf of Holland Community Hospital after trial court granted summary disposition.
Assisted in successful representation of Wrench LLC in an idea misappropriation case against Taco Bell, obtaining a $30.1 million jury verdict and reversal of the trial court’s grant of summary judgment by the Sixth Circuit Court of Appeals.
Obtained dismissal of hospital privileges case in federal court; decision was upheld on appeal by the Sixth Circuit.

Daniel P. "Dan"
Ettinger

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Ettinger

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Daniel P. "Dan" Ettinger

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Daniel P. "Dan" Ettinger

My admin

industries

practices

speaking engagements

events

news

publications

other publications

Daniel P. "Dan"
Ettinger

Daniel P. "Dan"
Ettinger