REPRESENTATIVE MATTERS

Brownfield Redevelopment

Environmental enforcement and cost recovery

Environmental liability

Pollution control facilities

Brownfield Redevelopment:
We assist our municipal clients to redevelop contaminated ("brownfield") properties. We also counsel our municipal clients in developing, implementing and enforcing laws and policies aimed at preventing pollution as well as ensuring that private party cleanups (that may be sanctioned by USEPA or IEPA) are consistent with the community's goals and objectives.

WaukeganLakefront:

We have been working with the City of Waukegan since 2002 in the effort to redevelop 1400 acres on the lakefront, from former industrial uses to residential and supporting commercial uses. Our efforts have included:

We drafted a Solid Waste Nuisance Ordinance mandating a residential clean-up level for the entire lakefront redevelopment zone. This was the first ordinance of its kind adopted by an Illinois home rule municipality.

We negotiated the acquisition of the 36-acre Waukegan Coke Plant property, a federal "superfund" site, from the Outboard Marine Corporation Bankruptcy Estate. We then negotiated an agreement with the USEPA and the parties responsible for the contamination on the property, General Motors and North Shore Gas, providing for an enhanced clean-up that will allow the property to be residentially redeveloped.

We negotiated the acquisition of the 57-acre OMC North Plant property, also a federal "superfund" site, from the Outboard Marine Corporation Bankruptcy Estate. This included a strict limitation on the City's responsibility with respect to existing environmental conditions.

North Chicago40-Acre Redevelopment:

We have been working with the City of North Chicago since 2003 in the effort to redevelop 40 acres of environmentally contaminated property adjacent to the Great Lakes Naval Base. Our efforts have included property acquisitions, assisting in the negotiation of a master development agreement and negotiations with property owners and environmental agencies leading to clean-ups allowing for commercial redevelopment.

Riverdale 138^th Street Corridor Redevelopment:

We have been working with the Village of Riverdale since 2003 in the effort to redevelop several hundred acres of formerly heavy industrial properties for new, light industrial, commercial and residential uses. Our efforts have included:

We drafted several ordinances to assist the Village in its clean-up and enforcement efforts, including a Vacant Buildings Ordinance, Outdoor Storage Ordinance, and, most important, a Solid Waste Nuisance Ordinance mandating a zoning-based clean-up level for the entire Village. This was the first ordinance of its kind adopted by an Illinois non-home rule municipality.

We have initiated litigation against a number of owners of contaminated properties.

We have assisted the Village in utilizing state grant funds to investigate, remediate and redevelop properties, leading to redevelopment.

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Environmental enforcement and cost recovery:

We have extensive experience in recovering costs from potentially responsible parties (PRPs) and Insurers in connection with contaminated properties. As in-house counsel for Waste Management, Inc. (WMI) from 1985 to 1994, Jeff Jeep had responsibility for literally hundreds of Superfund Sites. Mike Blazer has 25 years of experience as a trial lawyer. Firm members have recovered costs from other PRPs, compelled cleanup by others, investigated the liability of other PRPs and Insurers, or demonstrated that their client is not a PRP in numerous states, including Connecticut, Delaware, Florida, Illinois, Kentucky, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Ontario (Canada), Pennsylvania, and Rhode Island.

Jeep & Blazer now use their years of experience in cost recovery to help municipalities redevelop brownfield sites. We aggressively enforce environmental statutes to require responsible parties to either clean up contaminated property or convey the property to the municipality. For example, the City of Waukegan is the first municipality in the State of Illinois to enact a Solid Waste Nuisance Ordinance (based on Section 7003 of RCRA). Other municipalities represented by Jeep & Blazer have also adopted the Ordinance, which has proved effective in requiring responsible parties to clean up contaminated property to levels consistent with a Master Redevelopment Plan.

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Environmental liability:

We have represented our municipal clients in a number of matters arising from their present or former ownership or operation of contaminated properties. Examples of these include:

Village of Antioch: Represented the Village in litigation, including resolution of claims, arising from ferric chloride spill into Sequoit Creek.

Lake County: Represented the County in connection with claimed liability arising from dispersion of vinyl chloride into well water from Wauconda Sand & Gravel Superfund Site.

City of Waukegan: Representation of the City throughout the entire process of investigation, remediation and resolution of claims arising from the Yeoman Creek Landfill Superfund Site.

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Pollution control facilities:

We have represented a number of our municipal clients in connection with the location of, or opposition to, pollution control facilities (primarily waste transfer stations and landfills). Examples of these include:

Kendall County: Have represented the County in connection with a number of solid waste issues, including the update and amendment of its pollution control facility siting ordinance and Solid Waste Management Plan. Recently represented the County in connection with its opposition to a proposed landfill in Yorkville, Illinois. Currently representing the County, as hearing counsel, in connection with an ongoing municipal solid waste landfill siting hearing, and an impending hearing for the siting of another landfill.

Hillside: Representing the Village in the matter of Village of Hillside v. Congress Development Company, et al. This action involved the infamous Congress Landfill, a quarry landfill that had been permitted and operating since 1980. The Village asserted claims for public nuisance and ordinance violations resulting from uncontrolled releases of landfill gas from the subject site to the surrounding community. The case involved the authority of a home rule municipality to impose regulatory controls and liability on a facility operator despite the existence of a State operating permit. Following a year of litigation and extensive negotiations, the parties agreed to the entry of a consent decree requiring, among other things, the cessation of all waste receipts, final capping and closure of the facility, reimbursement of the Village's attorneys' and consultant fees, and payment of a per-ton fee to fund a real estate tax reimbursement program for Village homeowners.

Glendale Heights: Represented the Village in opposition to an application for local siting approval, in Carol Stream, of a solid waste transfer station. Following three weeks of public hearings, the Carol Stream Village Board unanimously denied the siting application.

Bartlett: Represented the Village in opposition to an application for local siting approval, in Elgin, Illinois, of a solid waste transfer station. After Bartlett submitted its opposition, the applicant withdrew its request. The applicant subsequently re-filed its application. After Bartlett submitted its second opposition, and shortly after public hearings began, we negotiated a settlement pursuant to which the applicant again withdrew its application and joined with another waste company in siting a transfer station in an alternate location favored by Bartlett and on terms extremely favorable to Bartlett, including reimbursement of all fees incurred by Bartlett in its opposition.

Waukegan: Represented the City in the matter of City of Waukegan, et al. v. Illinois Environmental Protection Agency and North Shore Sanitary District. This was an action by the City challenging the effort by the Sanitary District to build a sewage sludge incinerator on the City's lakefront. The case involved, among other things, issues of municipal law, environmental law, administrative law, zoning and land use law, constitutional law and the respective rights of governmental entities. The City obtained both a temporary restraining order and then a preliminary injunction barring the construction of the subject facility. The trial court's decision was subsequently affirmed by the Illinois Appellate Court in City of Waukegan v. Illinois Environmental Protection Agency, 339 Ill.App.3d 963 (2^nd Dist. 2003). The Sanitary District thereafter abandoned its effort to build the facility in Waukegan.

Riverdale: Represented the Village in an injunction matter involving an illegal transfer station being operated by a subsidiary of Allied Waste Industries. Obtained injunctive relief resulting in the permanent closure of the subject facility. The ultimate resolution of the litigation resulted in the permanent closure of the facility and reimbursement to the Village of all of its legal fees. This case also resulted in an appellate decision confirming the right of a municipality to obtain injunctive relief to redress ordinance violations. See Village of Riverdale v. Allied Waste Transportation, Inc., 334 Ill.App.3d 224 (1^st Dist. 2002).

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