Environmental and Climate Change Law

Taber Law Group has experience in both regulatory and litigation aspects of environmental law, having negotiated Title V permits for steel companies, reviewed environmental provisions of transactions, negotiated NPDES permits, and resolved air excursion issues with state regulatory agencies.  Well-versed in the administrative proceedings of the Environmental Protection Agency, Founder Steven M. Taber has designed decision-tree analysis for the resolution of environmental issues. In addition, he has been successful in litigating all manner of environmental claims in the courts and in administrative tribunals.

Mr. Taber’s environmental law experience includes:

  • Drafted briefs for a Petition for Review to the federal Court of Appeals for the Seventh Circuit, involving the Clean Air Act NESHAP program. Successfully argued that the USEPA exceeded its authority in denying our client an extension of time to comply with the benzene NESHAP.  This resulted in a multi-million dollar savings to our client.  Monsanto Co. v. E.P.A., 19 F.3d 1201, 62 USLW 2602, 38 ERC 1315, 24 Envtl. L. Rep. 20, 697 (7th Cir., Mar 24, 1994) (NO. 92-4067).
  • Represented various Illinois Steel companies in the defense of alleged violations of their NPDES Permits.  Successfully negotiated Consent Decrees that were acceptable to both sides.
  • Defended two not-for-profit institutions who were sued under the Citizen Suit provisions of the Clean Water Act.  Successfully negotiated settlements with the USEPA that rendered the Citizen Suits moot.
  • Authored handbook on Clean Air Act Title V permitting that was published by the Illinois Manufacturers’ Association.
  • Drafted briefs for a Petition for Review to the federal Court of Appeals for the Seventh Circuit, involving the ozone Federal Implementation Plan.  As a result of the Petition for Review, the USEPA agreed to review the standards set under the FIP for the industry that we represented.
  • Successfully argued in an USEPA cost recovery action in that “passive” disposal does not constitute disposal under CERCLA and that corporation is not responsible for disposals of predecessor sole proprietorship.  This resulted in a settlement that was favorable to our client.  U.S. v. Petersen Sand and Gravel, Inc., 806 F.Supp. 1346, 23 Envtl. L. Rep. 20, 480, N.D. Ill., Oct. 8, 1992) (NO. 91 C 5835).
  • Second Chair representing a plaintiff in a private cost recovery action brought under CERCLA and RCRA.  Successfully defended a Motion to Dismiss, which resulted in a favorable settlement for our client.  Clorox Co. v. Chromium Corp., 158 F.R.D. 120, 39 ERC 1880 (N.D. Ill. Sep 21, 1994) (NO. 93 C 3331).
  • Drafted comments to the Illinois State Implementation Plan and Federal Implementation Plan for Ozone.  Comments resulted in changes to both the Illinois SIP and FIP that we were favorable to our clients.
  • Drafted comments to Illinois Underground Storage Tank rules on behalf of the Illinois steel companies.
  • Successfully negotiated settlements favorable to our clients in several small Underground Storage Tank cases.  .
  • Advised clients on their application for a RCRA permit for a waste incinerator.
  • Represented livestock industry interests in the Illinois rulemaking regarding livestock waste lagoons before the Illinois Pollution Control Board.  Resulted in amendments to the regulations that were favorable to the industry.
  • Negotiated a settlement with the Army Corps of Engineers in litigation surrounding developer’s unpermitted filling of wetlands that allowed the developer to meet his business plan by creating additional wetlands on his property.
  • Negotiated consent decree in dispute with USEPA regarding unpermitted releases into the air by oil refiner.
  • Represented clients in Air Permit Appeals before the Illinois Pollution Control Board.
  • Successfully negotiated Consent Decrees in litigation regarding the release of hydrogen sulfide at an oil refinery and the benzene waste NESHAP.
  • Conducted extensive environmental audits of several manufacturing facilities resulting in early identification of environmental hazards.
  • Assisted clients in the preparation of their applications for Title V Air Permits.
  • Assisted clients in the preparation of their applications for RCRA permits.
  • Counseled clients with respect to their environmental concerns in their transactions.
  • Developed and assisted in setting up an environmental auditing program at a Fortune 100 company.
  • Developed Brownfields plans for several clients.
  • Represented industry in the negotiations and drafting of regulations concerning the Illinois Groundwater Protection Act.
  • Represented clients before the Illinois Pollution Control Board in the preparation of several variance and adjusted standard petitions and Permit Appeals of NPDES Permits.  All variance and adjusted standard petitions were issued.
  • Counseled clients on the labeling requirements under FIFRA.  Also, advised a client as to whether a new sterilant should be registered under FIFRA or the USDA.
  • Advised several clients about the applicability of the Montreal Protocol to items being imported into the United States.