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   3Harvey M. SheldonChicago(312) 704-3504hsheldon@hinshawlaw.comhsheldon@hinshawlaw.comHinshaw & Culbertson LLPwww.hinshawlaw.comwww.hinshawlaw.comsheldonharvey.jpgEnvironmental LawADR Law: Commercial Real Estate, Environmental & ConstructionEPA Enforcement DefenseRealty Transfer and CleanupAir, Water, RCRA ComplianceMediation of Disputes (ADR)
Harvey M. Sheldonhsheldon@hinshawlaw.com
Hinshaw & Culbertson LLPhttp://www.hinshawlaw.com
222 N LaSalle St Ste 300
Chicago IL 60601-1081
Ph.(312) 704-3504 Fx.(312) 704-3001
Recommended by peers in:    Extensive Experience in:
Environmental Law    EPA Enforcement Defense
ADR Law: Commercial Real Estate, Environmental & Construction    Realty Transfer and Cleanup
    Air, Water, RCRA Compliance
    Mediation of Disputes (ADR)
Advisory Board Member
County:  Cook
Litigator:  Yes

Practice Description:  
Mr. Sheldon has extensive experience in the field of environmental law, including both counseling and litigation. He has handled issues and litigation involving the Clean Air Act, Resource Conservation and Recovery Act, Clean Water Act, Superfund, and other important environmental laws and regulations. He is also regularly engaged in related business, transactional and liability questions for clients. He has represented private clients ranging from individuals and entrepreneurial companies to Fortune 100 corporations and major financial institutions. He has appeared in both federal and state trial courts and in courts of appeals in environmental and other matters civil and criminal.

In addition to his hands on experience helping clients resolve specific environmental issues and dealing with environmental protection agencies on specific problems, Mr. Sheldon has represented major companies and public agencies in high-profile cases and important negotiations and public meetings. His range of assignments for clients includes testimony before Congress, negotiations of legislation and rules, appellate briefs and arguments, public spokesperson, catastrophic event response, environmental management program and audit development, community outreach, multi-media criminal and civil enforcement defense, and negotiations on sensitive issues in a variety of business, litigation and policy contexts.


Notable Cases and Results:  
Mr. Sheldon has been engaged in the private practice of law, concentrating in environmental law, for more than 25 years, primarily on behalf of business clients. He was selected in a poll conducted by American Research Corporation as a "Leading Attorney" in the field of Land Use and Environmental Law. He is also designated a "Leading Lawyer" in the field of environmental law and dispute resolution by the Chicago Daily Law Bulletin.

Mr. Sheldon's environmental defense litigation experience includes the following:
CERCLA
Defended FMC Naval Armaments facility in two major Superfund actions in Minnesota. The FMC foundry was allegedly the largest PRP and was allegedly responsible for a share reaching into tens of millions of dollars. Mr. Sheldon obtained a 90 percent allocation reduction in contested proceedings over the toxicity of FMC's foundry sands.

Defended Standard T Chemical Company, a former Montgomery Ward paint making subsidiary, from Superfund liability at the Midco sites (U.S. v Midwest Solvent Recovery, USDC Hammond). Mr. Sheldon served as the lead negotiator on the Steering Committee, and successfully defended the client against alleged violation of Section 106 Orders.

Defended Outboard Marine Corporation against a multimillion-dollar State CERCLA claim concerning a landfill in Galesburg, Ill., with alleged PCB and other waste. The matter was settled successfully.

Defended Sara Lee Corporation against contract and CERCLA claims by a major corporation that purchased certain assets in Georgia and elsewhere nationally. Related claims included private landlord CERCLA claims in Indianapolis and Atlanta.

Defended Continental Can in the Acme Solvents Superfund case (Rockford) against cost recovery sought by the settling PRPs.

CLEAN AIR ACT
Defended Caterpillar Inc. against alleged Clean Air Act violations with six-figure penalty demands at one of its key Peoria, Ill., manufacturing plants. The case was successfully settled short of trial before the Pollution Control Board, with variance granted to Caterpillar and an acceptable five-figure penalty.

Defended Continental Can Company (then the largest can company worldwide) in State of Illinois proceedings before the Pollution Control Board and United States EPA administrative proceedings. The proceedings all involved various enforcement violations alleged at seven different Continental Can facilities in Illinois and Indiana.

Defended Fort Howard Corporation against alleged New Source Review violations at its main manufacturing facility in Green Bay, Wis. Mr. Sheldon achieved an acceptable settlement in the low-six figure range in face of a $3 million demand by the DOJ.

Defended a Coachman Industries subsidiary against a United States EPA enforcement case (USDC, WD Mich), alleging violations of Michigan permit rules and EPA approved rules involving volatile compound emissions. Mr. Sheldon successfully settled the case after initial litigation.

Defending Allied Asphalt Paving Company against alleged nuisance and major source permit violations in a high-profile case brought by the Illinois Attorney General, Cook County States' Attorney and Village of Hillside.

RCRA
Defended electroplating client against a State criminal complaint of illegal transport and disposal.

Defended Morton Chemical Company against United States EPA multi-media (RCRA, Air Water, Deep well) multiple, multimillion-dollar claims against a Mississippi organic chemical plant, which included both civil and criminal actions of the United States EPA and Department of Justice.

Defended a private Illinois chemical manufacturer against state court RCRA claims. Mr. Sheldon achieved an acceptable settlement after filing motions attacking the complaint.

Assisted in defending a chemical company against State administrative board RCRA claims.

Pursuing RCRA claims on behalf of the Metropolitan Water Reclamation District of Greater Chicago against a former tenant.

Defended printed circuit board manufacturer in Minnesota against United States EPA Notice of Violation.

CLEAN WATER ACT
Defended the Kohler Company against a Wisconsin citizen's suit under the Clean Water Act regarding alleged NPDES violations.

Defended numerous clients regarding alleged pre-treatment violations and unlawful discharges to publicly owned treatment works.

Currently defending Harza Engineering against a Clean Water Act citizen's suit alleging its responsibility for sewage backups in the City of Chicago (ND ILL).

Assisted in the defense of a fish kill case in Indiana.

EPCRA/SARA TITLE III
Defended against and settled United States EPA citations of alleged failures to report releases by various chemical companies, a food processing firm and other clients.


Bar Admissions:  
Illinois
U.S. District Court, Northern District of Illinois (including Trial Bar)
U.S. Courts of Appeals for the Fifth, Seventh and District of Columbia Circuits
U.S. Supreme Court


Hourly Rate:  $301-$400

Year of Birth:  1942

Law School:  Harvard University Law School, J.D., 1968
Undergraduate School:  Amherst College, 1964

Employment History:  
Mr. Sheldon was the chief of the Illinois Attorney General's Environmental Enforcement Division in the early 1970s, supervising 20 lawyers and a staff of investigators in the representation of the state and the Illinois EPA. His work in environmental enforcement began in January 1972, before several of the major federal laws governing the subject were even enacted. He supervised a docket of hundreds of proceedings that involved air, water, and land pollution cases. His division was responsible for the establishment of precedent on the federal common law of water pollution in interstate waters, in cases such as Illinois v. Milwaukee. Mr. Sheldon filed the state's amicus curiae brief that urged the Supreme Court to require rules on prevention of significant deterioration as part of the Clean Air Act regulatory scheme (Sierra Club et al v. Ruckelshaus). In addition to supervising and directing the attorneys of the division, he tried environmental enforcement matters in court and in administrative proceedings; he also argued a number of cases on appeal in both state and federal court.

In the mid-1970s, Mr. Sheldon was named the regional counsel of the United States Environmental Protection Agency Region 5 (Midwest Region) office in Chicago. He was the principal EPA attorney for six Midwestern states: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. He worked with state legislatures on the adoption of state water laws and helped the EPA establish state programs under the Clean Water Act. He assisted enforcement attorneys and United States' attorneys in important enforcement actions. He also recommended improvements in the legislative criteria for federal grants to upgrade public water treatment plants, and otherwise advised the regional administrator on numerous issues.

Mr. Sheldon public counsel continued even after he entered private practice. He served for a time as special counsel to the Illinois Department of Mines & Minerals, helping the Department develop the state's surface coal mining regulation program. Mr. Sheldon's public service experience also includes work as an assistant attorney general in the Special Prosecutions Unit of the Illinois Attorney General's office. He participated in investigations and sought civil remedies against official corruption and organized crime.

Mr. Sheldon's professional affiliations reflect his vast environmental law experience. Among many other activities, he currently co-chairs the Associates Committee of the Chemical Industry Council of Illinois, and he is the past chair of Chicagoland Chamber of Commerce's Environmental Regulation Committee.


Published Legal Writing:  
Mr. Sheldon is a member of the board of advisors of The Environmental Counselor as well as a contributing editor of Environmental Compliance and Litigation Strategy, both of which are national periodicals. He has written extensively on environmental law topics, and his publications include:
"New Liability Exposure for Contiguous Property Owners and Purchasers," Environmental Compliance and Litigation Strategy, February 2002

"Alternative Dispute Resolution of Environmental Cases," The Environmental Counselor, June 2001

Air Pollution, Illinois Institute for CLE Handbook, 2001 and 1993

"Environmental Concerns in Real Estate Transactions," The Environmental Counselor, September 1992 (co-author)

Attorneys Guide to Environmental Liability, ABA General Practice Section, 1991


Legal Lectures:  
Mr. Sheldon has frequently lectured on environmental law topics, and has taught the subject of environmental law at the John Marshall Law School and at Loyola University School of Law.


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