|
Experience:
Tom Dimond is an experienced litigator and corporate counselor who focuses particularly on matters of environmental litigation and compliance and on environmental issues in transactions. In the course of his practice, Tom provides:
Skilled litigation before federal and state courts and administrative entities on actions involving CERCLA and other forms of cost recovery, Resource Conservation Recovery Act issues, Clean Water Act issues, facility-siting matters and air-permitting issues, including New Source Preview and Prevention of Significant Deterioration concerns.
Knowledgeable, in-depth environmental compliance counseling to in-house counsel and plant personnel relative to the Clean Air Act, the Resource Conservation Recovery Act, release reporting and other issues.
Comprehensive transactional advice on property purchases and corporate transactions involving negotiations of contract terms, brownfields issues, toxic tort liability exposure concerns, the protections afforded by voluntary cleanup program approvals and other matters.
Since joining Mayer Brown in 1990, Tom has been an active participant in various professional organizations.
Notable Engagements:
Environmental Litigation:
Currently representing a major chemical manufacturer in bringing CERCLA claims against United States for contamination resulting from wartime production activities at the manufacturer's sites in California, Michigan and Texas.
Currently defending owner of manufacturing property against statutory and common law claims for contamination allegedly impacting neighboring property that is being addressed by prior owners of property.
Secured reversal of state agency denials of air and solid waste program development permits for a client proposing to construct a municipal solid waste combustor.
Defending various clients in toxic tort claims related to injuries allegedly caused by exposures to asbestos and flavorings ingredients.
Represented a meat-packing industry client in defense of state statutory claims based on alleged odor nuisance.
Represented national waste disposal company that performed remediation of National Priorities List site located in Indiana in cost recovery and contribution litigation against over 80 generators, transporters and former owners/operators of the site, resulting in settlements valued at over $15 million.
Obtained dismissal for major pharmaceutical manufacturer from CERCLA and state-law contribution claims for site in Michigan, where plaintiff alleged client engaged in toll manufacturing with site in question.
Represented manufacturing client in responding to criminal search warrant and subpoena resulting in government decision not to prosecute and in resolving civil penalty claim for Clean Air Act violations.
Represented metal coating plant in connection with internal investigation of potential mistakes in recording and reporting of air emissions to state and federal governments, self-reporting of mistakes to agencies and negotiation of settlement.
Represented major chemical manufacturer in defense of CERCLA contribution action at site where the government constructed and operated a wartime tin production facility in south Texas.
Represented client and sole corporate shareholder in litigation over alleged state environmental statutory violations committed at client's scrap-metal recycling business.
Obtained preliminary injunction requiring municipality to allow client to open business after municipality claimed business was violating local ordinances.
Represented major automotive parts manufacturer in appeal of Part B permit issued pursuant to Resource Conservation Recovery Act before the US EPA's Environmental Appeals Board.
Represented client proposing to construct facility for the disposal of low-level radioactive waste in administrative hearings seeking facility siting approval.
Represented municipal client in administrative hearing and subsequent appellate court briefing regarding client's denial of siting approval for landfill expansion within client's boundaries.
Environmental Issues in Transactions
Helped clients perform due diligence for environmental and toxic tort liability risks (including asbestos, diacetyl, lead-based paint, PFOAs and others) in various transactions involving facilities throughout the world and companies in numerous industries, including: agrochemicals manufacturing, cement manufacturing, basic and specialty chemical manufacturing, coal mining and coal-mining equipment, electro-motive engine manufacturing, delivery truck assembly, food additives and flavorings, landscape stone mining and manufacturing, metering systems, overseas shipping containers, packaging systems, paint manufacturing, pump manufacturing, residential multi-family living communities, resins manufacturing, steel manufacturing, wood window manufacturing and warehousing.
Represented lenders and potential buyers in environmental due diligence reviews of target wind farm companies, including review of avian and other threatened or endangered species analyses, wetlands issues, FAA approvals and stormwater and other NPDES permitting issues.
Advised clients involved with the ocean transport of oil and/or liquefied natural gas into US ports of possible liability under the Oil Pollution Act of 1990, the Clean Water Act and other applicable federal and state statutes and common law.
Advised lenders on lease financing transactions involving floating oil platforms, chemical plant equipment and other types of industrial assets.
Assisted clients with review of due diligence materials related to the purchase of numerous properties for use or development as apartment buildings, extended-stay hotels, warehousing and other light industrial application.
Assisted clients with entry of properties into voluntary cleanup programs or the obtaining of state "no further action" letters in Illinois, Texas, California, Connecticut, Georgia and New Jersey.
Assisted client with drafting of operations and maintenance program to address potentially elevated levels of radon to support refinancing of property with Fannie Mae.
Advised lenders on lease-financing transactions involving floating oil platforms, chemical plant equipment and other types of industrial assets.
Environmental Compliance
Represented power plant developers in connection with all phases of environmental permitting. Advised regarding construction and operating permits required to comply with air emission and water discharge statutes, including federal New Source Review and/or Prevention of Significant Deterioration programs; also assisted in evaluating option of obtaining an NPDES permit for wastewater discharge and the possible need to obtain adjusted standards or variances for discharge.
Advised multiple clients on the application of federal New Source Performance Standards, federal Maximum Achievable Control Technology regulations and federal and state New Source Review or Prevention of Significant Deterioration requirements to proposed modifications for plants in Illinois, Indiana, Michigan, Missouri, California and West Virginia.
Helped a food grade products packager and other clients to determine if particular materials qualified as solid waste or hazardous waste under the Resource Conservation Recovery Act, or if the materials qualified as special waste under state environmental statutes.
Assisted clients with review of federal and local aspects of Clean Air Act, Title V permit applications for facilities located in California, Missouri, Georgia and Michigan.
Assisted clients with determinations of the applicability of environmental statutes and local ordinances to research-and-development facilities.
Represented client in arranging for decontamination and decommissioning of low-level radioactive waste storage vault.
Education:
University of Chicago Law School, JD, 1990, University of Illinois, BS, with highest honors, 1981. |
