Mary Ann Mullin

Counsel

Mary Ann Mullin's practice includes civil litigation, compliance counseling and regulatory advocacy with an emphasis on the Clean Air Act and the Clean Water Act. Among other things, Ms. Mullin has extensive experience in assisting clients in conducting internal investigations and responding to government investigations. Ms. Mullin also regularly assists clients in accomplishing transactions that involve environmental considerations. This area of her practice ranges from supervising and assessing environmental due diligence activities to negotiating and resolving environmental issues encountered in mergers, real estate and other asset acquisitions and credit transactions.

Litigation

Ms. Mullin represents clients before federal, state and administrative tribunals in an array of environmental matters such as:

• Clean Air Act matters including Appeals of National Emission Standards for Hazardous Air Pollutants (NESHAP) penalties and New Source Review Enforcement matters
• Private and government cost recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA)
• Clean Water Act matters including National Pollution Discharge Elimination System (NPDES) and Spill Prevention and Countermeasure Control (SPCC) penalty appeals

Compliance Counseling

Ms. Mullin frequently advises manufacturing clients on compliance with the Clean Air Act (including New Source Review and NESHAP MACT compliance), Clean Water Act considerations, such as Stormwater Permitting Issues, and the Resource Conservation and Recovery Act (RCRA), with a special focus on hazardous waste treatment, storage and disposal requirements. As an important element of compliance counseling, she assists clients in developing and implementing audit procedures and best management practices. In addition, Ms. Mullin guides manufacturers and distributors through the fast-paced developing area of recycling and other product stewardship mandates, including compliance with domestic and international product content standards and regulations.

Transactional Experience

Ms. Mullin assists buyers, sellers and lenders with analyzing, assessing and allocating environmental risks associated with domestic and international mergers, acquisitions and real estate transactions.

Experience

Over the past several years, a focus of Ms. Mullin's practice has been assisting clients in responding to governmental investigations, particularly investigations by the United States Environmental Protection Agency (EPA) brought pursuant to the New Source Review provisions of the Clean Air Act. She has been successful in limiting the scope of these investigations as well as identifying and protecting trade secret information that must be submitted to governmental agencies. Her clients have included electric power generators, boat manufacturers and glass manufacturers.

Ms. Mullin was part of a team defending a major electric utility company in a Clean Air Act New Source Review lawsuit brought by the United States. The defense included development of fact and expert witnesses, extensive discovery and motion practice, and representation at a four-week bench trial in United States District Court.

When Ms. Mullin recently defended a manufacturing client against a demand by the United States for cost recovery under CERCLA, her investigation of the historic facts revealed that the company was not a potentially responsible party (PRP) at the Superfund site. As a result neither EPA or other parties have pursued cost recovery or contribution against the client.

Ms. Mullin acts as national environmental counsel for a retail client. In this capacity, she supervises environmental litigation, advises the client on environmental policies and procedures, and works with environmental consultants to develop and implement best management practices at more than 100 of the company's facilities.

Ms. Mullin supervises the maintenance of a 50-state survey, created under her oversight, of Volatile Organic Compound (VOC) product content restrictions and developed compliance procedures for a distributor.

Pro Bono Activities

Ms. Mullin's pro bono activities include serving as Counsel to the Chicago Health Connection's Board of Directors, and representing firefighters in claims before the 9/11 Commission.

Education

Professional Memberships

American Bar Association
Section of Environment, Energy, and Resources

Chicago Bar Association

Civic and Charitable Memberships

Chicago Health Connections
Past Member, Board of Directors