Our environmental law attorneys have extensive experience with federal and state CERCLA /Superfund claims, potentially responsible party (PRP) group common and litigation counsel roles, RCRA and Community Right to Know practice.
We also have broad experience defending classic toxic tort matters involving mass and individual personal injury claims and diminution of property value claims. We also represent clients in federal and state natural resource damages actions.
We assist clients with environmental aspects of transactions arising from corporate acquisitions, lending, and the sale of businesses or real property. This practice includes identifying, evaluating and negotiating environmental risks, risk allocation and indemnities.
Our lengthy, in-depth and varied expertise in these areas provides clients with solid and reliable strategic advice and efficiencies, with the goal of success at trial.
If you would like more information about the firm's environmental practice, please contact:
Thomas D. Lupo
Phone: 312-855-4880
E-mail: tdl@willmont.com
Representative Cases
Kuhlman Electric/BorgWarner PCB toxic tort cases. Lead counsel for transformer manufacturing company and former corporate parent in 18 related mass toxic tort actions arising in Copiah County, Mississippi. Over 1,200 neighboring property owners and former employees variously claimed personal injury and property damage through exposure to polychlorinated biphenyls ("PCBs"). Venued in various state and federal jurisdictions, the cases involved substantial removal practice to seek more favorable forums as well as substantial dispositive motion and Daubert practice, including the retention, presenting and challenging of over 30 experts. Numerous different plaintiffs' firms from around the Southeast were involved, with numerous different strategies presented.
United States v. Pemco Aeroplex (U.S. EPA Administrative Proceeding). Represented aircraft refurbisher/government contractor in turning United States' seven figure RCRA penalty enforcement action into a favorable settlement with greatly reduced cost of remedial action and exclusively using existing on-site waste water treatment facility.
Anaya v. BASF Corp. (Wisconsin) Successfully defended a major paint manufacturer in personal injury and property damage toxic tort suit by residents neighboring a major clean-up site.
Personette v. H.B. Fuller (Cook County, Illinois). Action for personal injury alleging silicosis and retaliatory discharge. Both claims dismissed. Appeal pending.
United States v. James Cross, et al. (C.D. IL) Represented major paint manufacturer in United States' action to recover costs of environmental cleanup. Also served as common litigation counsel for numerous large corporations in major third-party action for contribution, including substantial expert witness practice, resulting in major contributions to Site cleanup costs.
Dydio v. Hesston Corporation (N.D. IL) Represented heavy equipment manufacturer in RCRA liability, cost recovery and citizen's suit case regarding underground storage tanks and property damage.
Ninth Avenue Litigation (N.D. Ind.) Represented manufacturer in private party action to recover costs of environmental cleanup, including major cross-claims practice among co-defendants and substantial expert witness practice.
Citizens for a Better Environment v. Meyercord Company (N.D. IL). Manufacturer sued for alleged violations of RCRA and EPCRA. Resolved for minor payment and supplemental environmental projects planned by Company.
Interstate Pollution Control Site. Group common counsel for performing PRPs at Illinois Superfund Site. Negotiated a favorable remedy and cashed out smaller parties to finance much of the Site work.
Stickney/Tyler v. Dura Corporation, et al. (W.D. Mich.). Suit for cost recovery and contribution in private party environmental cleanup. Resolved for fraction of demand.
Hassain v. U.S. EPA (N.E. IL). Represented manufacturer in environmental justice discrimination and toxic tort suit. Case dismissed.
