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Diane Marchik has specialized in environmental law issues for more than a decade. She is currently a member of the Board of Directors of the Environmental Section of the State Bar of Wisconsin and has also served as the co-chair for the Environmental Section of the Milwaukee Bar Association. Throughout her career Diane has actively represented clients in brownfield redevelopment projects, superfund sites, hazardous waste site closure, site remediations and permitting and enforcement matters arising under all major environmental programs including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act and the Emergency Planning and Community Right to Know Act. She also has a broad range of experience negotiating insurance coverage for environmental liabilities in transactional contexts and in connection with the operation of on-going businesses. In addition, she has extensive experience conducting due diligence inquiries involving acquisition and sale transactions on behalf of buyers, sellers and lenders involving not only Wisconsin-based facilities, but also national and international facilities. Her experience encompasses a wide range of industries, such as foundries, metal plating and casting, anodizing, material fabrication, injection molding, extruding, chemical manufacturing, the paper and food industries and numerous others. She has been very active in brownfield redevelopment projects and has co-authored a book entitled, A Wisconsin Brownfield Primer, a 250-page summary of environmental laws in Wisconsin that impact the redevelopment of contaminated property (published by the University of Wisconsin Law School.) A 1987 graduate of the University of Iowa, Diane received her law degree with high distinction, from the University of Iowa College of Law in 1990. She was a member of the Iowa Law Review, Iowa's National Moot Court Team, and is a member of the Order of the Coif. In addition, she has been the recipient of the International Academy of Trial Lawyers Award, the American Jurisprudence Award and the West Publishing Company Award for Outstanding Academic Achievement.
Representative Matters
American Brass Site. Represented the City of Kenosha on the acquisition on the former 28-acre American Brass manufacturing site. This transaction involved the complete liability transfer of all responsibilities for demolition and remediation to a third party contractor and the use of an innovative 30-years cost cap and PLL insurance policy underwritten by AIG. Crandon Mine Project. Represented the Forest County Potawatomi Community in the tribe's effort to oppose the application for mining permits under state and federal laws. The proposal involved one of the most significant zinc and copper underground ore deposits in North America. The matter was successfully concluded by the tribe's innovative buy-out of the applicant's interest in surface and mineral rights associated with the project.
Emerald Park Landfill. Represented the City of Muskego in a contested case hearing opposing one of the largest proposed expansions of a municipal solid waste facility in the state of Wisconsin. At the conclusion of the 18-day contested case hearing, the matter was resolved by a negotiated agreement which awarded the City the largest fee/ton payment for municipal waste negotiated to date in the state of Wisconsin. Minergy Facility, Winnebago County. Represented Minergy Corp., a subsidiary of Wisconsin Energy Corporation regarding its proposal to site a waste vitrification plant on an old abandoned landfill along the banks of Little Lake Butte de Morts. The siting effort was complicated by the fact that a portion of the landfill had been built on the bed of Little Lake Butte de Mor, which raised significant public trust issues. Several citizens and environmental groups brought suit to prevent its construction. A negotiated settlement was reached. The Minergy facility currently processes substantial quantities of paper mill sludge, transforming it into useful aggregate that is used throughout the state in construction projects.
Honors
2006 Best Lawyers in America
2006 & 2005 Wisconsin Super Lawyer
International Academy of Trial Lawyers Award
American Jurisprudence Award
West Publishing Company Award for Outstanding Academic Achievement.
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