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Johnson & Bell's Environmental practice group offers a complete range of environmental litigation, regulatory counseling, permitting and transactional services to manufacturers, retailers, transporters, real estate developers, landowners, and municipalities.  The group's experience encompasses all major federal environmental statutes, including CERCLA (Superfund), RCRA, TSCA, the Clean Air Act (CAA), the Clean Water Act (CWA), and state environmental laws. 

Johnson & Bell’s environmental attorneys practice before federal and state courts and administrative tribunals in every part of the country, including the U.S. Courts of Appeals and the U.S. Supreme Court.  Our attorneys have experience with federal and state enforcement personnel in most EPA regions, as well as with officials within the EPA and the Department of Justice in Washington, D.C.  Several attorneys in our Environmental practice group formerly worked as federal prosecutors and represent clients in grand jury proceedings and white-collar criminal defense matters.

The Environmental group is also actively involved in defending toxic tort and property diminution lawsuits associated with environmental cleanups.  We also represent environmental engineering and consulting firms in connection with professional negligence claims.  Our attorneys also regularly advise clients on the interpretation and applicability of federal, state and local statutes, regulations, policies and permits.  The Environmental group also advises clients on reporting and remediation obligations in connection with spills, RCRA corrective action plans, and OSHA hazard communication standards. 

In addition, our attorneys counsel clients on the performance of site assessments and audits, the implementation of environmental due diligence investigations, applications for no further action letters, and the negotiation and drafting of contracts, including environmental indemnification provisions and representation and warranty clauses.

Representative Cases

  1. Represented corporate defendants with major exposure in multi-party CERCLA enforcement actions filed by the U.S. Department of Justice.
  1. Represented corporations and municipalities whose facilities are company or municipality-owned federal and state Superfund sites in negotiations with the EPA and state agencies regarding administrative orders or consent decrees.
  1. Represented corporate respondents in threatened and issued unilateral CERCLA Section 106 Orders, and state equivalent statutes, such as the Illinois 4(q) Notice. 
  1. Represented corporate plaintiffs and defendants in RCRA citizen suits, including the prosecution of RCRA citizen suits involving leaking USTs, and the defense of corporate defendants involving the disposal of hazardous wastes. 
  1. Represented corporate defendants in CAA federal and state enforcement actions, including alleged permit violations and NESHAP asbestos abatement violations.
  1. Represented corporate defendants in CWA civil administrative actions filed by the EPA, including NPDES permit and recordkeeping violations.
  1. Represented transportation industry clients in hazardous materials derailments, vehicular accidents, delivery spills, and truck terminal UST leaks involving personal injury and environmental damage claims to private and public property.
  1. Corporate defendants in groundwater contamination toxic tort and property damage diminution lawsuits brought by neighboring residents.
  1. Represented corporate defendants in groundwater contamination toxic tort and property damage diminution lawsuits brought by neighboring residents.
  1. Represented manufacturers and property owners in applying to the Illinois Site Remediation Program, and other state Brownfield programs.
  1. Represented clients in negotiating and drafting purchase/sale agreements, leases and loan documents, including clauses relating to environmental indemnifications, representations and warranties.
  1. Represented corporations and insurance brokers to identify and purchase specialized environmental insurance products.
  1. Represented environmental engineering firms sued for professional negligence for deficiencies in the investigation of environmental conditions in connection with land purchase/sale transactions.

Recent Opinions

  1. Obtained dismissal of case after successfully arguing that $31 million claim for damages should be barred.  The Seventh Circuit affirmed the trial court’s rulings. Kemper Prime Industrial Partners v. Montgomery Watson Americas, Inc., 487 F.3d 1061 (7th Cir. 2007).
  1. Obtained dismissal in multi-party private CERCLA contribution action, eventually leading to plaintiff’s voluntary dismissal of its multi-million dollar claim against our client.  Pharmacia Corp. v. Clayton Chemical, et al., 382 F. Supp. 2d 1079 (S.D. Ill. 2005).
  1. Successfully argued novel interpretation of the Federal Rules of Civil Procedure, resulting in plaintiff’s failure to state a CERCLA contribution claim against our client.  United States v. Atlas Lederer, 282 F. Supp. 2d 687 (S.D. Ohio 2001).

Environmental Attorneys