Practices: Environmental

Environmental Litigation

Our environmental attorneys represent clients of all sizes in all sectors, from large oil companies, public agencies and utilities to small family-held manufacturing companies. We have a broad range of experience in environmental litigation, from private party contractual disputes over contaminated property to statutory claims brought by state and federal environmental authorities. Our firm has litigated major CERCLA cost recovery cases, RCRA citizen suits, class actions and both individual and mass toxic tort matters. We have also handled significant insurance coverage disputes involving asbestos, chemical exposure and environmental remediation. Our environmental litigators are highly skilled in the courtroom and in all areas of alternative dispute resolution, including mediation and arbitration.

Site Remediation

We have substantial experience in assisting clients with site cleanups performed either voluntarily or in response to enforcement actions under both federal and state remediation programs. Our attorneys have an intimate knowledge of the complex statutory and regulatory framework that governs site remediations and work well with consultants and regulators in this highly technical area of the law. We provide the full range of remediation-related legal services which include furnishing legal advice on regulatory compliance, establishing cleanup standards, contracting for engineering and remediation services and negotiating consent agreements and closure with federal and state regulatory agencies. We have assisted our clients with the investigation and remediation of both small and large sites under the federal Superfund program and the Illinois Site Remediation Program. We also have substantial experience with projects under the Base Realignment and Closure program (including representing developers of the U.S. Army’s Fort Sheridan, Lake County, Illinois, the Orlando Naval Training Center, Orlando, Florida, and the U.S. Navy’s David Taylor Research Center, Annapolis, Maryland).

Environmental Compliance and Permitting

Our attorneys represent clients in several types of environmental compliance and permitting matters. We have performed detailed audits of client facilities and operations to minimize risks of major environmental violations. In addition, we have represented clients in regulatory enforcement actions brought by federal and state environmental agencies. We have also counseled clients on the design and implementation of effective corporate environmental compliance programs as well as environmental financial reporting obligations under federal securities laws and the Sarbanes-Oxley Act. We have represented clients in negotiations with federal and state agencies regarding air and water permitting issues.

Environmental Issues in Transactions

Many corporate and real estate transactions involve business and property subject to federal, state or local environmental regulation because of property contamination, regulated activities, environmental permits or the possibility of environmental liability. We provide sophisticated, timely and practical expertise on environmental matters in corporate and real estate transactions, including environmental due diligence, issue identification, contract negotiations and risk allocations. We are skilled at representing sellers, purchasers, developers and lenders in such transactions. Our environmental attorneys work collaboratively with corporate and real estate attorneys to advance the clients’ interests with the practical and solutions-oriented approach needed for successful transactions. We are particularly skilled at counseling clients on available defenses under CERCLA and state environmental laws for property purchasers, lenders and other parties to avoid liability they might otherwise incur by acquiring or otherwise being involved with contaminated property. We counsel clients on those circumstances in which environmental insurance may be useful and negotiate the terms of the policies with the carriers to reflect transaction-specific factors. Our attorneys are skilled at working with issues involving wetlands and identification and execution of appropriate mitigation strategies as needed for full property enhancement. We have the full complement of skills and expertise needed to provide tailored solutions, as needed, to each transaction.