HARVEY M. SHELDON

Professional Corporation

LAW OFFICES

 

150 North Wacker Drive

Suite 1500

Chicago, Illinois 60606

Tel. 312-357-6700  Fax 312-357-6763

E-mail: harvey@mail.epalaw.com

Visit  http://www.epalaw.com/

 

 

Professional Profile

ENVIRONMENTAL LAW SERVICES

 

Harvey M. Sheldon, P.C. is an Illinois professional legal services corporation.  Its President, Harvey M. Sheldon, has broad experience in the field of Environmental Law.  He has advised manufacturers, banks, real estate owners and individual clients regarding a great variety of environmental law issues.

 

Mr. Sheldon’s Environmental Law Subject Matter Experience Includes the Following:

 

CLEAN AIR ACT

    Advise a national manufacturing industry trade association and its members on the development and adoption of presentations in 39 states regarding Reasonably Available Control Technology under the Clean Air Act, including negotiation of the publication of an interpretative memorandum from US EPA.

    Represent a subsidiary of a Fortune 500 company in obtaining air emission control construction and operation permits for operations about which there had been a history of complaints, while the company was under an adverse publicity spotlight for safety violations.

    Advise and assist clients in the preparation of Title V permits, FESOPs, and new source construction permits under the Clean Air Act and related state programs.

   Help develop and lobby to secure passage of innovative state legislation allowing for emission trading to the fullest extent of federal law.

    Represent companies large and small in defense of allegations of violation of New Source Performance Standards, Prevention of Significant Deterioration, and other Clean Air Act rules.

    Obtain site-specific state emission rules for a small utility, a major automated tool manufacturer, and other clients.

    Advise a well-known public consumer oriented company regarding their use of chlorofluorocarbons on a business strategy for addressing public concerns about stratospheric ozone layer destruction.

   Advise an oil and gas importer on gasoline reformulation rules and issues regarding rule reform.

 

CERCLA

         Help lead steering committees in defense of major Superfund litigation.

         Represent potentially responsible parties with a wide variety and size of liability exposure.

         Help represent a chemical manufacturer defend itself in federal court against alleged responsibility for the acts and omissions of its independent toll-manufacturing contractor.

         Negotiate consent decrees and orders.

         Defend against issuance of Section 106 orders in federal court.

         Represent companies owning operational facilities listed on the National Priorities List and seeking delisting.

         Design and participate in allocation dispute resolution procedures.

         Develop remedial management organization for PRP groups and assist in management of remedial projects.

 

                 RCRA

       Advise clients regarding compliance issues, including record keeping, identification of hazardous waste, standards for storage, and requirements for treatment.

       Assist in development and review of Part B Permits and Permit Amendments.

       Assist chemical manufacturer in development of response to Order of EPA under Section 3013.

       Defend owner of BIF against EPA allegations of violation of permit.

       Work closely with consultants to develop technical demonstrations and investigations of site risks for use in corrective action programs.

       Represent chemical manufacturer and other clients in response to EPA RCRA inspections and investigations.

       Assist in development and negotiation of corrective action requirements in RCRA permits.

  

CRIMINAL

 

         Represent and advise companies and individuals under governmental review for potential criminal responsibility under environmental statutes.

         Defend company accused of criminal violation of hazardous waste treatment, storage and disposal laws.

         Review records and represent witnesses for companies under criminal investigation.

          Cooperate with EPA and prosecuting attorneys in investigation of wrongdoing by employees.

         Analyze Company compliance management and audit programs and suggest improvements in respect to relevant guidelines of the United States on whether to prosecute situations as criminal or civil.

 

        CLEAN WATER

         Defend USEPA and citizen suit Clean Water Act allegations of violation involving failure to implement pretreatment programs and alleged noncompliance with NPDES permit requirements.

         Represent a Fortune 100 chemical company respecting compliance with synthetic organic chemical industry pretreatment guidelines, state toxic water pollution regulations, and state and federal enforcement actions under water laws.

         Represent major metal plating, wire coating, die casting and other companies in defense of local sanitary district ordinance violation complaints.

         Assist in development of NPDES permit applications for clients.

 

        ENVIRONMENTAL COMPLIANCE REVIEWS

 

         Help clients develop corporate environmental audit procedures and management policies.

         Advise and assist clients with self-assessments of environmental law compliance and risk assessment.

         Perform on-site assessments of compliance with environmental requirements.

 

ASBESTOS

    Represent a Manhattan building owner in the aftermath of a steam pipe explosion, including investigation and management of employee concerns, general liability and asbestos exposure liability concerns.

    Represent building owners, property managers, and tenants regarding duties and liabilities due to the presence of asbestos, and assist in development of asbestos management plans.

    Defend against private and government court actions against a landlord accused of Clean Air Act asbestos violations and toxic torts.

 

        INTERNATIONAL

 

         Merger, acquisition and spin-off due diligence for properties and corporate affiliates abroad.

         Review Mexican and Canadian requirements for American companies.

 

        LEGISLATION AND LOBBYING

                     Assist in legislative strategy development.

         Present testimony to Congressional and state legislative committees.

         Draft and present legislative and rule proposals.

 

        MEDICAL WASTE

         Provide medical waste handling, tracking, and disposal compliance advice to medical supply manufacturer.

         Defend hospital accused of improper disposal of medical waste.

 

        WETLANDS LAW

         Review and advise developer and other clients regarding applicability and options under wetlands regulations.

         Work with hydrologic experts to analyze sites for wetlands issues on behalf of clients.

 

          BUSINESS TRANSACTIONS

         Perform compliance and risk analysis for companies involved in mergers, acquisitions, property transfers and reorganizations.

         Negotiate terms of agreement involving environmental liabilities in business agreements.

         Advise public companies respecting SEC environmental reporting obligations in specific settings.

 

 

          RIGHT-TO-KNOW

         Develop hazard communication programs for companies including a major national restaurant chain and retail, real estate, and industrial clients.

         Assist manufacturing clients and a national chemical distribution company in preparation of  “right-to-know" reports under Title III of SARA.

         Defend EPA administrative citations.

 

        SOLID WASTE

         Act as special counsel and hearing officer for a municipality in connection with an application to locate a large sanitary landfill in the community.

         Represent landfill companies regarding siting, rule compliance and closure.

 

            STORAGE TANKS

         Provide advice and representation concerning reporting, permitting, and remedial requirements involving underground and above ground storage tanks under federal and state laws.

 

            INDOOR AIR QUALITY

         Assist clients that have some form of "sick building" issue, whether due to chemical contamination, HVAC disorder or other phenomena.  Examples include fumes from new carpets, asbestos, PCBs, odors or fungi.

 

        MISCELLANEOUS

         Analyze and advise client that uses solvents regarding health risks and legal issues pertinent to review of the OSHA cancer risk policy.

         PCBs. Assist a die casting company, a steel company, a grey iron foundry, a shopping center, an office building owner and others in complex PCB liability and cleanup situations.

         Banks and fiduciaries.  Advise bank and other fiduciaries respecting liability issues and assist in structuring disposition of assets to minimize liabilities.