| Practice Description: |
Ms. Franzetti practices environmental law in the areas of permitting, compliance, administrative and judicial litigation in air, water, hazardous waste, and toxic substance matters before local and state environmental agencies, the U.S. Environmental Protection Agency, and state and federal courts. Previously, she was a partner at Sonnenschein Nath & Rosenthal, and a partner at Gardner Carton & Douglas. Important aspects of her environmental law practice include: assisting clients in resolving Clean Water Act permitting and compliance issues, hazardous and nonhazardous waste management issues, handling state and federal Superfund matters, coordinating and overseeing environmental due diligence and audit projects, establishing environmental management programs, and assisting clients in completing Brownfields and other voluntary site remediation projects under state programs.
Ms. Franzetti is a member of the Federal Trial Bar, with both jury and bench trial experience as well as appellate matters. Her litigation experience includes federal and state enforcement defense work, administrative rule-making proceedings, defense of toxic tort claims, and defending and prosecuting private cost recovery actions for environmental remediation costs and injunctive relief. In Dominick's Finer Foods, Inc. v. Amoco Oil Company and Shell Oil Company, (N.D. Ill. 1993), she successfully litigated the issue of a private party's right to use the citizens' suit provisions of RCRA to impose strict liability for petroleum spills from underground storage tanks against past or present owners or operators. She also obtained the reversal of an adverse NPDES permitting decision for a municipal client in The Village of Sauget v. The Illinois Pollution Control Board, 566 N.E.2d 724 (5th Dist. 1990), based on the denial of constitutional due process rights. In The Marmon Group v. Rexnord, 822 F.2d 31 (7th Cir. 1987), Ms. Franzetti successfully handled an appeal to the Seventh Circuit of a client's right to private cost recovery of remediation costs under the indemnification terms of a sale agreement. In the administrative area, she has participated in several rule-makings, variance and permitting proceedings relating to solid waste and water pollution matters before the Illinois Pollution Control Board.
In water matters, Ms. Franzetti has counseled both direct and indirect dischargers regarding permitting, TMDLs, antidegradation, pretreatment program requirements, stormwater, wetlands and removal credits issues. She has experience in state rule-making proceedings relating to water toxics issues and has successfully appealed NPDES permitting challenges in the state courts. Ms Franzetti has defended several industrial and POTW clients in major Clean Water Act enforcement cases brought by the Department of Justice.
In her representation of industrial clients in federal and state Superfund matters, Ms. Franzetti has been actively involved in numerous Superfund proceedings, including serving in leadership positions with PRP Groups. She also has experience with sites in which the selected remedy is monitored natural attenuation. She has successfully represented clients in ADR proceedings to resolve cost-effectively disputes over allocation of response costs. Ms. Franzetti's Superfund experience includes effectively bringing sites through the RI/FS, RD/RA, delisting and five-year review stages of the Super-fund process in several U.S. EPA regions. Ms. Franzetti also has represented industrial clients in pursuing voluntary remediation projects under state risk-based cleanup programs, including the use of institutional controls and engineered barriers to eliminate or reduce the scope of more costly remedial actions.
Ms. Franzetti has substantial environmental due diligence and transactional experience in corporate, real estate and lending transactions, including overseeing the divestiture of over twenty battery manufacturing and lead recycling facilities in the U.S., Canada, Australia and Europe.
Ms. Franzetti has been chosen as a leader in environmental law in Chambers USA, a Guide to America's Leading Business Lawyers. In environmental & land use law, Ms. Franzetti also is named to Leading Lawyers, comprising the top lawyers in Illinois based upon recommendations by their peers. She is a frequent speaker for legal and professional organizations, including the American Bar Association, the Water Environment Federation, Risk and Insurance Management Society, and the Midwest Business Administration Association. She has been an instructor of environmental law at both the Chicago-Kent College of Law and Loyola University of Chicago School of Law. She is a former vice-chair of the American Bar Association Water Quality Committee. Her publications include co-authoring the "Water Pollution Law" chapter in the Illinois Institute for Continuing Legal Education's Illinois Environmental Law Handbook.
Year of Birth: 1954
Law School: Loyola University Chicago School of Law, J.D., 1979
Law School Honors/Involvement: cum laude
Undergraduate School: Northwestern University, B.A., History and Political Science, 1976