Environmental Law & Litigation

Our attorneys provide counseling in a wide array of environmental law matters, from litigation to transactional matters and with respect to nearly all federal and state environmental statutes and related regulations. We have represented local governments, corporations, and individuals in litigation, enforcement, compliance, permitting, insurance, and remediation matters. In addition, we have written ordinances, host fee agreements, waste management contracts, and represented clients in property acquisition and condemnation matters. 

Our attorneys' experience in environmental law and regulatory matters also includes, but is not limited to, representing clients:  during pre-enforcement meetings in administrative matters, before the Illinois Pollution Control Board, during the public review and comment/hearing process of proposed regulations, drafting proposed changes to Illinois State law, and advising clients with respect to compliance with existing laws and regulations.

Our attorneys are knowledgeable, not only about the potential environmental “problems” an entity or individual might face, but also, cost-effective solutions to those problems, everything from drafting contracting incentives to keep waste management or cleanup costs under control, to finding sources of funds (e.g., insurance coverage, grants, and state or federal loans), to reduce the capital cost of a project.  

Local Government Environmental Practice
Our attorneys have served as special environmental counsel for counties and municipalities, representing them on environmental litigation (both defense and enforcement), drafting ordinances, grants and compliance programs, and advising the clients on compliance, enforcement and transactional issues (including host fee agreements, waste management contracts, construction and environmental clean-up, and property acquisition). Additionally, we have represented parties involved in reviewing the proposed site location of a new pollution control facility under Section 39.2 of the Illinois Environmental Protection Act (415 ILCS 5/39.2).

Land
Our attorneys have represented government entities, chemical manufacturers, utilities, railroads, gas station and drycleaner owners, and other private, commercial and industrial clients with a wide variety of matters.   Some examples include:  property transactions, administrative actions, private and government-initiated litigation, permitting, permitting appeals, land use and development, and the remediation of property, including landfills, Superfund sites, and abandoned (i.e., Brownfield) and active contaminated commercial and industrial properties.  Our attorneys have defended and initiated environmental litigation, including enforcement actions and actions to require payment of costs to remediate or remediation of land.

In addition, our attorneys have represented clients in the Illinois pollution control facility site location review process; during the purchase and sale of, loan on and lease of contaminated property; drafting compliance charts; drafting solid waste management and environmental services contracts; and analyzing available grant and loan opportunities for clients, to help “off-set” the financial cost to remediating property. 

 Air
We have experience in federal and Illinois State air pollution laws and regulations, in addition to common law claims involving nuisance and trespass complaints due to odor.  Our attorneys have experience advising local government, industry and private clients in this area.  Specifically, our attorneys have represented clients with the transfer of permit and air credit rights during bankruptcy, provided analysis for clients concerned with compliance with the Clean Air Act, defended alleged violations of law involving asbestos, and represented clients involved in odor nuisance and trespass litigation.

Water
Our attorneys have worked on matters, including permitting, analysis of compliance and reporting requirements, potable wells (requirements for testing and drafting ordinances concerning installation), wetlands, and claims concerning natural resource damage.

Occupational Health & Safety
Our attorneys have handled cases involving worker injuries such as noise-induced hearing loss and repetitive stress. In addition, we have experience advising clients with respect to OSHA compliance, defending injury claims, and criminal and civil enforcement actions.

Insurance Coverage
Is insurance coverage available to you, a policyholder?  Our attorneys have helped clients locate old policies and pursue coverage for an environmental problem, which may have occurred years ago, but was just recently discovered. 

Our attorneys have considerable experience in the area of environmental coverage.  Our attorneys have handled cases in a number of jurisdictions, for both primary and excess carriers, as well as for policyholders.  These cases have often been document and discovery intensive and have involved multi-million dollar disputes.