Overview

Bradley Rochlen is a litigator who designs creative approaches to case strategy in all areas, from one-on-one negotiations and alternative dispute resolution, to courtroom litigation. Merging sound legal theories with in-depth technical understanding, Brad represents corporate, real estate and power generation companies, including public utilities, in complex environmental disputes. 

Brad assists clients in prosecuting and defending hazardous waste control (Superfund) cases, RCRA cases and private cost recovery cases at some of the largest contaminated sites in the country. He also has significant experience in resolving Clean Water Act and toxic tort disputes.

Many contaminated sites contain remnants of industrial operations from more than a century ago. Such sites historically contained gas plants, steel plants, coke plants or supported other industrial activities that had their own operational processes and the potential to cause contamination. Brad’s understanding of these operations and their potential impact on real estate and adjacent waterways gives him the ability to provide persuasive and cost-effective solutions to even the most complex legal problems involving the EPA, state and local regulators, or private parties.

  • Experience

    • Brad represents National Grid at the Gowanus Canal Superfund Site in New York City. National Grid is one of 28 parties tasked with performing the Remedial Design in this complex urban environment.
    • Brad represents National Grid at the Newtown Creek Superfund Site in New York City. National Grid is one of five parties performing a Remedial Investigation along the heavily industrialized waterway that separates the city’s boroughs of Brooklyn and Queens.
    • Pacific Gas and Electric Company is represented by Brad in two cases defending the utility’s use of treated wood in utility poles for the distribution of electricity. Brad earned a dismissal in the first case and successfully defended that dismissal on appeal before the Ninth Circuit Court of Appeals. Ecological Rights Foundation v. Pacific Gas and Electric Company, et. al., 713 F.3d 502 (9th Cir. 2013).
    • Brad has assisted clients with environmental issues at dozens of manufactured gas plants across the country. These activities include negotiating with the EPA and state regulators, pursuing cost recovery from potentially responsible parties and litigation related to liability, toxic tort responsibility and third party recovery.
  • Credentials

    Education

    • University of Michigan Law School, J.D., 1997, Environmental Law Clinic
    • University of Michigan, B.A., History, 1995

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Northern District of Illinois

        Professional Memberships

        American Bar Association

      Energy and Environmental Law Adviser

      Ninth Circuit Holds that In-Use Utility Poles Not Subject to the Clean Water Act or the Resource Conservation and Recovery Act

      On April 3, 2013, in Ecological Rights Foundation v. Pacific Gas and Electric Company (ERF v. PG&E), the Ninth Circuit upheld the dismissal with prejudice of a case where an environmental group using statutory “citizen suit” provisions alleged that wood-treated utility poles are subject to the federal Clean Water Act (CWA) and Resource Conservation and … Continue Reading

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