Mary Ann Mullin's practice includes civil litigation, compliance counseling and regulatory advocacy with an emphasis on Superfund and the Clean Air 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 Title V Operating Permit requirements, New Source Review and NESHAP MACT compliance), Clean Water Act considerations, such as Stormwater Permitting Issues, and the Resource Conservation and Recovery Act (RCRA). 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 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

Ms. Mullin represents a PRP at the Lower Duwamish Waterway Superfund site, a sediment site located in Seattle, Washington. She developed and implemented a strategy to minimize our client's Superfund exposure and maximize recovery from third parties, including our client’s insurance carrier. Through effective negotiation with state regulators, Ms. Mullin limited the scope of our client's source control obligations.

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 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.

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 supervised 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.

In 2010, Ms. Mullin audited a client's manufacturing facilities, located in 12 states, for compliance with Operating Permit requirements. Under her review, the company made significant changes to enhance environmental compliance.

Speeches and Presentations

"Marketing Your Products as 'Green' but Avoiding the Pitfalls," Schiff Hardin & ERM Seminar (September 27, 2011)

"An Overview of EPA Regulations," Energy Issues Summit, Minnesota Rural Electric Association, St. Cloud, Minn. (August 10, 2011)

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.