Editorial: Environment in Illinois

01 July 2008

Sidley Austin LLP has maintained a steady contingent in the publication with three partners featuring prominently in our findings. The firm is generally thought to have one of the leading environmental practices in the state with one prominent source noting, "I would hire this group if I had an environmental issue - they are number one". Robert Olian serves as head of the Chicago office's environmental practice group and co-head of the global environmental practice. Sources rate him as "first-rate for litigation and toxic tort" while his Superfund practice is said to be "one of the best in the state, if not the country". Andrew Schlickman boasts a national practice with an emphasis on environmental litigation and enforcement. He is said to be particularly strong for cases involving contaminated rivers and sediment. Among other matters he has worked on the Fox River/Green Bay case in Wisconsin and the FieldsBrook/Ashtabula River case in Ohio. Before joining the firm, James Cahan served in the office of the general counsel, air division, of the Environmental Protection Agency (EPA). Cahan brings his knowledge of Clean Air Act regulation into private practice and comes recommended as "one of the top in the state". Among other matters he has recently been representing clients on permitting and enforcement issues relating to the New Source Review permitting programme.

Jenner & Block LLP is rated by sources as a "top-tier firm" and its environmental practice runs the gamut of litigation, regulatory and transactional matters. Bill Forcade is considered "the top air quality lawyer in the state" and before joining the firm served as one of the seven members of the Illinois Pollution Control Board. Robert Graham is founder and chair of the firm's environmental, energy and natural resources law practice and comes recommended as "outstanding for toxic tort". Sources also remarked that he "co-authored an excellent textbook" - Environmental Law and Policy: Nature, Law and Society. James Vroman co-chairs the group and his environmental and toxic tort defence work was brought to researchers' attention. Among other matters, Vroman advised a major client on the largest clean-up project under the Illinois Site Remediation Program, concerning a former manufactured gas plant site. Lynn Grayson comes recommended as "first-rate for regulatory work", and before joining the firm she held the position of chief legal counsel for the Illinois Emergency Services Disaster Agency and the State Emergency Response Commission. With a quartet of individuals consistently polling high levels of nominations, it is unsurprising that sources recommend the firm as "one of the outstanding environmental shops in the state".

Mayer Brown LLP's contingent in the publication has seen two departures since the last edition. Michael Rissman moved to Allied Waste Industries as vice president and deputy general counsel, while Russell Eggert left to join Reed Smith LLP in December 2007. Eggert was praised as "a true environmental specialist" and "an excellent and highly competent lawyer". Eggert's practice covers the full range of environmental matters with a particular focus on litigation and its avoidance. His move affords Reed Smith a presence in the chapter for the first time. Despite these moves, Mayer Brown still boasts a strong showing of three lawyers on the following pages. John Berghoff brings "vast experience" to the table and is said to be particularly strong for toxic tort litigation. Among other matters, he achieved favourable jury verdicts for chemical and refining clients in connection with alleged exposure to toxic chemicals in groundwater and air in cases such as Albertson et al v Dow Chemical in Natroma County, Wyoming, and Settles et al v Clark Oil in Madison County, Illinois. Timothy Bishop is another lawyer ever-present in our research and comes recommended for his appellate practice, particularly before the US Supreme Court. When the previous edition of this book was published at the end of 2006, Thomas Skinner had just joined the firm from the EPA. The past 18 months have seen him build on his "excellent reputation" and he currently serves as practice leader of the firm's environmental law group. Skinner comes recommended for his environmental litigation, criminal enforcement, regulatory, permitting and counselling expertise.

Karaganis White & Magel Ltd is an environmental boutique specialising in complex litigation and counselling services. The firm was founded in 1970 and has increased its contingent in the publication this year by one - Barbara Magel. Magel offers clients "first-rate assistance", according to sources, and this is backed up by the number of nominations she polled. Joseph Karaganis "does good work for his clients, particularly for local towns around O'Hare who oppose expansion of the airport". He maintains a reputation as a "well-known litigator" and is joined on the following pages by Bruce White, "an exceptional Superfund, toxic tort and cost recovery lawyer". The duo of Francis Lyons and Michael Ohm from Bell Boyd & Lloyd LLP once again put in a strong performance. Lyons is another individual with a background with the EPA, where he served as a regional administrator. He comes recommended as "always approachable and [someone who] certainly knows his topic area". Ohm heads the firm's environmental, energy and natural resources practice and focuses on the issues surrounding air, water and land contamination. Sources recommend him as "in the top group of environmental lawyers in the state", particularly in the brownfields arena.

Patricia Sharkey joined McGuireWoods LLP in August 2007 from Mayer Brown, bringing with her a distinguished background in government, having served in the US Attorney's Office, the Illinois Attorney General's Office and the Illinois Pollution Control Board. Sharkey's practice focuses on environmental litigation, permitting, compliance and policy, and she comes recommended as "a hard worker who knows the law inside-out" and "one of the premier air pollution lawyers in the state". Sources would be "very comfortable" using David Rieser for their environmental needs, and he joins Sharkey in the publication. Baker & McKenzie LLP boasts a strong international practice, reflecting the global nature of the firm. John Watson chairs the North American environmental practice group and is said to be "outstanding for brownfields redevelopment". David Hackett is managing partner of the firm's North American region and "one of the best for Superfund and cost-recovery litigation", according to one high-profile respondent to our survey. Louis Rundio is a member of the environmental practice group at McDermott Will & Emery LLP and also comes recommended for his Superfund practice. Sources rate him as "an excellent trial lawyer" and he is joined in this year's publication by Craig Zimmerman, whose toxic tort and Superfund practice also elicited praise. Zimmerman is currently involved in the defence of a large petroleum company in MDL No. 1358, In re Methyl tertiary Butyl Ether (‘MTBE') Products Liability Litigation. Hodge Dwyer & Zeman also sees its number double this year thanks to strong support for Edward Dwyer, who is said to be "plugged in to the business lobby and one of the finest lawyers in Springfield". Respondents particularly noted his work on environmental enforcement cases. Katherine Hodge builds on her excellent showing in the previous edition and is "very well respected in the regulatory field". One prominent source noted, "if you are looking to find out what's going on in Springfield then look no further."

Renee Cipriano is a former director of the Illinois EPA and rejoined Schiff Hardin LLP from Sonnenschein Nath & Rosenthal LLP in early 2007. Cipriano spent a number of years early in her career at Schiff Hardin and comes recommended for her knowledge of environmental policy and regulation. Sheldon Zabel is "the go-to guy for utilities law" and a "highly respected" member of the Illinois Bar. Zabel boasts a "tremendous reputation" and he served as lead trial counsel for Dynegy Midwest Generation in one of the largest air enforcement actions ever brought by the US.

Cipriano's move, and the appointment of former partner Mary Gade as an EPA regional administrator, mean that Jeffrey Fort is the sole entry for Sonnenschein on the following pages. Fort comes praised as "an outstanding, straight-down-the-line environmental lawyer". His practice covers the full spectrum of environmental law with sources emphasising his particular competency when it comes to the Clean Air Act.

Eleni Kouimelis chairs Winston & Strawn's Chicago environmental law department and is a former assistant regional counsel with the USEPA. Her work on the Clean Air Act was noted on a number of occasions and her practice covers a range of areas encompassing transactions, environmental compliance counselling and litigation. Her former partner, James Russell, who was listed in this publication last year has recently retired, while another colleague Jennifer Nijman has joined up with former Sonnenschein partner Susan Franzetti at what is now known as Nijman Franzetti LLP. Nijman is a past president of the Chicago Bar Association and comes recommended as "top-notch", "well regarded" and "outstanding", while one source noted, "people have nothing but praise for her skills". Susan Franzetti is "liked and respected" by clients and peers alike and focuses on compliance counselling, regulatory and environmental litigation. One prominent source noted, "she's a very capable lawyer and someone to whom we'd be happy to refer work".

Harvey Sheldon of Hinshaw & Culbertson LLP carries on from his strong performance in the previous edition. Sheldon comes recommended as "vastly experienced", and is engaged in both counselling and litigation in the environmental sector. Among other matters he has handled cases related to the Clean Air Act, Clean Water Act, Superfund and the Resource Conservation and Recovery Act. DLA Piper LLP is another firm with one entry in the chapter - Michael Elam. Elam is another practitioner with a background with the EPA and his work on corporate and real estate transactions is said to be particularly noteworthy. His practice is, however, more broad than this and he also comes recommended for regulatory issues, environmental compliance and litigation. Andrew Perellis at Seyfarth Shaw LLP is a "very fine lawyer" and "a good, complete attorney who participates in the full spectrum of environmental work". His Superfund and government enforcement experience was mentioned by interviewees, with recent highlights including a Superfund litigation to challenge a Record of Decision remedy and EPA recovery of costs. Fredric Andes is the entry from Barnes & Thornburg LLP, where he chairs the firm's environmental department. Andes was recommended to researchers for his work on complex water issues relating to the Clean Water Act and he is particularly active in the Great Lakes region. Fred Prillaman practises at Springfield firm Mohan Alewelt Prillaman & Adami and is "plugged in down-state" according to rivals. Respondents to our survey have "heard excellent things about his practice".

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