Environmental Case Study 2

Client Background

Our client is constructing one of the largest single-family residential real estate developments in Chicago, located on the Chicago River.

Client Situation

Our client was concerned that past industrial activity on nearby properties would negatively impact the residential development due to contamination on nearby sites that were causing environmental threat to the Chicago River.

Primary Goals

  • Identify solvent companies that had contaminated properties long ago
  • Analyze environmental laws to make claims against companies for past dumping

 

Anticipated Problems

  • Overcoming potential defenses that client does not have Constitutional standing to file suit against past contaminators
  • Proving that past contamination posed current potential imminent and substantial endangerment to river

 

Service Summary

We filed several federal citizen suits under the Resource Conservation and Recovery Act seeking court orders requiring the past polluters to abate environmental endangerments.

Results

The former owners of nearby contaminated sites agreed to clean sites to residential standards, and take steps to insure that the site was not impacting the Chicago River.  The action will increase our clients' property values as well as abate threats to the river, making the development more desirable.