Mary Ann Mullin focuses her practice on environmental law, including civil litigation, compliance counseling and transactional support.

Litigation

Ms. Mullin represents clients in high-stakes environmental litigation with a special emphasis on:

• Federal and state enforcement brought under the Clean Air Act, and Clean Water Act cases
• Private and government cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Ms. Mullin’s approach to litigation is to work with the client to size the risk at the outset, evaluate the cost-effectiveness of various approaches, aggressively identify and pursue contribution from third parties, and to ensure that ongoing environmental risk is mitigated. Drawing from her experience and the extensive experience of her colleagues, Mr. Mullin is well situated to identify effective expert witnesses and implement proven trial tactics./p>

Compliance Counseling

Ms. Mullin assists clients in understanding their environmental compliance obligations and in accurately quantifying environmental risks to the organization. The heart of her practice is identifying improvements to compliance processes in order to maximize her client's defenses in potential enforcement actions, to avoid criminal liability and to prevent repeat violations. Ms. Mullin has developed a model to train plant managers to effectively supervise employees responsible for environmental compliance and to teach management how to conduct the statutorily required "reasonable inquiry" before submitting reports to state and federal environmental agencies.

In addition, Ms. Mullin guides manufacturers and distributors through the developing area of product stewardship mandates, including compliance with domestic and international product content standards and regulations, and the constraints on environmental marketing.

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. She is skilled at assessing and communicating environmental risk and providing clients with options to mitigate risk so the deal can be closed.

Experience

Ms. Mullin acts as environmental counsel for a retail client with more than 100 locations nationwide. In this capacity, she supervises environmental litigation, develops environmental policies and procedures, negotiates environmental provisions of transactions, hires environmental consultants, represents the company at zoning hearings and advises the client on SEC disclosure obligations.

In 2010, Ms. Mullin was hired by the general counsel of a Fortune 500 company to audit the company’s manufacturing facilities, located in 12 states, for compliance with Clean Air Act Operating Permit requirements. Ms. Mullin met with plant managers and environmental professionals at each facility to assess compliance practices, train personnel on Operating Permit requirements and make recommendations for improvement. Her findings were reported to the Board of Directors, and significant systemwide changes to enhance environmental compliance were adopted.

Ms. Mullin routinely assists clients in responding to U.S. Environmental Protection Agency investigations brought pursuant to the Clean Air Act. She has been successful in limiting the scope of these investigations, identifying and protecting trade secret information and resolving alleged violations at the administrative level. Her clients have included electric power generators, boat manufacturers, glass manufacturers, ethanol facilities and scrap dealers.

When Ms. Mullin 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 PRP at the Superfund site. As a result, neither EPA nor other parties have pursued cost recovery or contribution against the client.

Publications

"The FTC's Revised Green Guides: Red Lights, Yellow Lights, and Green Lights for Marketers," (co-author) Bloomberg BNA - Antitrust & Trade Regulation Report (October 5, 2012) and Bloomberg BNA – Daily Environmental Report (October 17, 2012)

"Policing Green Claims," (co-author) Natural Resources & Environment (Spring 2012)

Speeches and Presentations

“The FTC’s New Green Guides,” (co-presenter) Schiff Hardin Practical Compliance Roundtable, Lake Forest, Ill. (Feb. 7, 2013)

"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)

"Using Litigation and Permitting as a Tool for Climate Change Regulation," Changes in Environmental Law: A Look at Recent and Emerging Environmental Regulations and their Impact, The Seminar Group, Chicago, Ill. (July 24, 2009)

Pro Bono Activities

Ms. Mullin's pro bono activities have included assisting the Minnesota Advocates for Human Rights, working with the Liberian Truth and Reconciliation Commission, and representing firefighters in claims before the 9/11 Commission.