Gabriel M. Rodriguez leads Schiff Hardin's Environmental Group. He concentrates his practice in environmental and natural resources law and litigation, representing companies in the manufacturing, gas, electric and financial services industries. He advises clients regarding compliance with federal, state and local environmental laws, including air, water and solid and hazardous waste requirements, and climate change issues. He represents clients in enforcement matters, in litigation and in rulemaking and other administrative proceedings.

Mr. Rodriguez acts as environmental counsel to several gas and electric companies in the Midwest and eastern United States, providing advice in air, water and natural resources permitting matters, regarding coal ash management issues, and in connection with the remediation and redevelopment of former manufactured gas plants. He currently represents Midwest manufacturing companies in CERCLA enforcement matters, as well as in the remediation, closure and disposition of former manufacturing facilities. He has advised clients with respect to the impact of climate change legislation and regulation. He also litigates tort claims based on exposure to hazardous substances in the environment. Mr. Rodriguez represents financial institutions regarding strategies for addressing environmentally-impaired real estate. He also assesses due diligence and negotiates the environmental provisions in corporate mergers and asset acquisitions and dispositions and real estate and lending transactions.

Experience

Among Mr. Rodriguez's experiences:

• Represents an Indiana power generator in connection with the investigation of alleged releases of coal ash constituents from an ash disposal facility into groundwater. He negotiated a series of Administrative Consent Orders under CERCLA for interim removal actions involving the extension of municipal water service to approximately 270 residential homes and businesses. He also negotiated an Administrative Consent Order providing for the performance of a streamlined Remedial Investigation and Feasibility Study encompassing an approximately two square mile area.
• Represented the Indiana power generator in lawsuits relating to the ash disposal facility. Several residents and two environmental groups commenced federal litigation under the citizen suit provisions of the Resource Conservation and Recovery Act against the utility. Concurrently, approximately 85 residents filed a state court lawsuit asserting public nuisance claims against the utility for alleged exposure to groundwater contamination. The plaintiffs sought damages for emotional distress and diminution in property value, and the establishment of a medical monitoring fund. He achieved favorable settlements in both cases.
• Represents a consumer goods manufacturer in a CERCLA project involving the remediation of historic releases of chlorinated solvents from the manufacturer's factory to a municipal well field in Michigan.
• Represented an Illinois power generator in a contested administrative proceeding seeking alternate limits for its thermal discharge to a cooling lake.
• Advises an Illinois power generator in connection with its effort to formalize a program for closure of its existing ash ponds at several Midwest power stations.
• Advises several gas companies in connection with their programs for closing former manufactured gas plants.
• Successfully defended a financial services company in a federal jury trial in which the plaintiffs sought recovery of response costs under CERCLA and damages for fraud in connection with chlorinated solvent contamination at a Chicago factory.
• Represented a financial services company in connection with its non-compliance with EPCRA reporting and other reporting and permitting requirements at one of its data centers. The violations related to the uninterrupted backup power system at the data center. Mr. Rodriguez assisted the client in structuring a multi-facility audit and negotiated an agreement with U.S. EPA allowing for the audit and self-disclosure of violations under the EPA's Audit Policy.
• Acts as special environmental counsel for a brownfields redevelopment project that transformed an illegal dump on the southwest side of Chicago — a former "Silver Shovel" site — into an industrial park. He negotiated the environmental provisions of the real estate acquisition agreement with the seller and the redevelopment agreement with the City of Chicago, and worked with insurance carriers to develop environmental insurance coverage.

Previous Experience

Prior to joining Schiff Hardin in 1988, Mr. Rodriguez was an Illinois Assistant Attorney General assigned to the Environmental Control Division, where he prosecuted environmental cases, primarily in the hazardous and solid waste and Superfund areas.

Awards and Honors

Best Lawyers in America, Environmental Law; Litigation – Environmental

Leading Lawyer — Environmental Law, Illinois Leading Lawyers Network

AV Rated — Martindale-Hubbell

PLC Which Lawyer? — Chicago — Environment Lawyer