• Major New Source Review (NSR) enforcement actions
• Defense of Resource Conservation and Recovery Act (RCRA) citizen suits
• Voluntary site remediations
• Permitting analysis
• Notices of violation
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal and remedial actions
• Toxic Substances Control Act (TSCA) issues
• Defense of mass tort claims arising from environmental exposures to hazardous substances
• Management of coal combustion by-products
• Federal and state rulemakings
• Environmental due diligence and negotiation of the environmental provisions associated with the transfer of property, sale of assets, or sale of a business

Experience

• Represented a consortium of interstate pipeline companies before the Illinois Pollution Control Board in connection with their challenge to state rules requiring compliance with Phase II NO_X SIP Call reductions as applicable to large, stationary, reciprocating internal combustion engines.
• Represented an electric generating company before the Illinois Pollution Control Board in connection with amending the Multi Pollutant Standard of the Illinois Mercury Rule.
• Assisted clients in developing comments on the federal Coal Combustion Residue Rule.
• Worked closely with a client and technical experts to draft a rulemaking proposal adding a new section to the Illinois solid waste disposal regulations for the site-specific closure of a coal ash impoundment that has reached its life expectancy. With no existing Illinois regulations applicable to the closure of such surface impoundments, our team drafted language from scratch, carefully considering the client's needs, site-specific conditions, and the protection of human health and the environment. The proposal is now a joint proposal supported by IEPA's legal and technical teams, and has been published in the Illinois Register. It is being used as a protocol for other surface impoundment closures in the state.
• Assisted two major natural gas distribution pipeline companies with an investigation by the U.S. EPA and Illinois Attorney General into PCB Mega Rule compliance.
• Provided comprehensive environmental reviews of wind energy complexes during multiple stages of construction in connection with financing and development.
• Provided comprehensive environmental reviews of an ethanol facility during multiple stages of construction in connection with financing.
• Successfully represented the owner of a 22-story residential apartment building in Chicago in responding to an order by state officials to stop renovation work and evacuate the building due to an alleged asbestos release.
• Represents an electric utility in connection with removal and response actions relating to allegations that constituents leached to groundwater from a coal ash landfill.
• Successfully defended an RCRA citizen suit relating to the disposal and use of coal ash. The plaintiffs sought the immediate provision of a permanent water supply to an entire town and a substantial portion of the surrounding township, interim bottled water during the installation of the permanent water supply, a rigorous testing program, and attorney's fees. At the close of discovery, plaintiffs abandoned their claims and the sought-after relief, and settled the suit.
• Successfully defended a suit brought by 85 individuals alleging that the disposal and use of coal ash had created a public nuisance.
• Represented several coal-fired power plants in connection with the appeal of their Title V permits.
• Has assisted equity investment companies in connection with a variety of acquisitions and dispositions of companies ranging in value from $10 million to more than $500 million, including the acquisition and disposition of the industry leader in commercial tank and pump rental equipment, and the acquisition of one of the largest national remediation services contractors.
• Has represented companies with the acquisition and sale of numerous manufacturing facilities across the country, including the disposition of a glass and cookware manufacturer valued at more than $500 million.
• Assists several coal-fired power plants with managing and marketing coal combustion byproducts.
• Defended a lime manufacturing facility PSD construction permit in an appeal filed by the Sierra Club before the U.S. EPA Environmental Appeals Board alleging, among other things, failure to establish best available control technology limits for PM2.5, failure to establish appropriate safety factors, and failure to utilize site-specific monitoring.

Publications

"Superfund Liability and Useful Product Defense in CCP Transactions," Ash at Work (2010)

"Making the Case for Causation in Toxic Tort Cases: Superfund Rules Don't Apply," National Law Review (February 18, 2010) (Republished in The Brief, Spring 2011)

Speeches and Presentations

"WASTE: What Is It Good For? Absolutely Nothing...," American Coal Ash Association's 2011 Fall Membership Meeting, Indianapolis, IN (September 27, 2011)

"Fly Ash Ponds and Ash Disposal Issues," McIlvaine Company Hot Topic Hour webinar (January 13, 2011)

"New EPA Coal Ash Rules: Understanding the Options," Environmental Law Institute, Washington, D.C. (June 17, 2010)

"New EPA Coal Ash Regulation: Change is Coming!" Schiff Hardin LLP and Conestoga-Rovers & Associates webinar (May 19, 2010)

"USEPA Proposes Major Changes to the PCB Use Authorization: Is a Mandatory PCB Phase-Out Imminent?" (co-presenter) Schiff Hardin LLP and Weston Solutions, Inc. webinar (May 6, 2010)

"Public Nuisance Tort Litigation," 19th Annual Spring CLE Meeting, American Bar Association, Tort Trial & Insurance Practice Section, Phoenix, Ariz. (April 10, 2010)

"Liability in Coal Ash Management," American Coal Ash Association Winter Meeting, Nashville, Tenn. (March 17, 2010)

Pro Bono Activities

Mr. More routinely represents indigent individuals concerning divorce proceedings and landlord/tenant issues.

Awards and Honors

Illinois Rising Star — Environmental, Illinois Super Lawyers