Overview

Dan brings a deep understanding of all facets of environmental law, especially the Clean Water Act. His practice focuses on NPDES, 404 and 401 permitting (individual, nationwide and regional), as well as associated state permits. Dan also has a wealth of experience defending CWA permit appeals, citizen suits and governmental enforcement actions. Before practicing law, Dan worked as a senior chemist for an environmental consulting firm and clerked for the U.S. EPA’s Office of Enforcement and Compliance Assurance. He is a frequent lecturer and has written about environmental legal issues for a variety of publications. His clients include electric power utilities, natural gas transmission, storage and distribution companies, private and municipal water and wastewater utilities, petroleum refineries and bulk storage facilities, solid waste landfills, ferrous and nonferrous scrap recyclers, mining companies, real estate developers, private equity groups, industrial manufacturers and suppliers, and consumer product manufacturers, distributors and retailers.

His work includes:

  • NPDES & wetlands permitting & litigation
  • 401 Water Quality Certifications
  • CERCLA litigation
  • RCRA compliance & enforcement actions
  • Air permitting and litigation
  • EPCRA reporting and compliance
  • Combined sewer overflow long term control plan development
  • Remediation and cost recovery
  • FIFRA registrations
  • TSCA compliance including import certifications, premanufacture notices, significant new use authorizations and PCB mega-rule compliance
  • Transaction due diligence
  • Product stewardship regulatory compliance
  • Hazardous Material Transportation compliance
  • Experience

    • In NPDES litigation raising issues of first impression, successfully defended a power utility against a third party, citizen suit seeking to modify an existing NPDES permit.
    • Represented gas transmission company in judicial and administrative appeals by a third-party environmental group and several individual property owners challenging state wetland permits and CWA Section 401 water quality certifications.
    • Secured dismissal of litigation brought by impacted property owners challenging CWA 401 certifications issued for a new electric transmission line project.
    • Represented several electric generating stations in Illinois, and Missouri in their thermal compliance efforts, including to make thermal designation under state law, obtain a thermal variance under Section 316 of the CWA, and defend against NPDES permit appeal related to thermal compliance plan.
    • Defended an electric utility in an NPDES citizens suit contesting a thermal TBEL allowing continued use of once-through cooling.
    • Represented utility companies in enforcement actions relating to filling wetland areas and creeks without a permit.
    • Represented an electric generator in defense of governmental and citizens actions alleging violations of state groundwater standards.
    • Successfully secured dismissal of an action brought by a municipality alleging groundwater impacts from CCR impoundments.
    • Prevailed in a CWA citizen suit on behalf of an electric generator concerning NPDES effluent guidelines for FGD wastewater.
    • Obtained Use Attainability Analysis approval for waterbody designated use suspension for municipal client.
  • Credentials

    Education

    • Indiana University Maurer School of Law, J.D., 1996, cum laude
    • Aquinas College, B.S., Chemistry, 1991, magna cum laude

    Bar Admissions

    • Illinois
    • Indiana
      • U.S. District Court for the Northern District of Indiana
      • U.S. District Court for the Southern District of Indiana

          Professional Memberships

          • American Bar Association, Section of Environment, Energy and Resources
          • Illinois State Bar Association
          • Indiana Bar Association, Environmental Section, Land Use Section, Utility Law Section
        • Insights

          TITLE
          Blog Post

          EPA Considering Revised Effluent Limitations Guideline Relating to PFAS

          Schiff Hardin Energy & Environmental Law Adviser

          News Release

          Schiff Announces New Litigation and Environmental Practice Group Leadership

          Schiff Hardin LLP is pleased to announce new leadership teams for two of the firm’s prominent practice groups, Litigation and Dispute Resolution and Environmental.

          News Release

          Schiff Advises Houston Wire & Cable Company in $91M Acquisition by OmniCable

          Schiff Hardin represented Houston Wire & Cable Company (HWCC) in its agreement to be acquired by OmniCable, LLC for $91 million. HWCC is one of the largest distributors of wire, cable, and fastener products in the U.S. The transaction is expected to close in the second quarter of 2021.

          News Release

          Eighty-One Attorneys Named to 2021 Leading Lawyers

          Schiff Hardin LLP is pleased to have 81 attorneys named to the 2021 Leading Lawyers list.

          Blog Post

          EPA Finalizes Revised Effluent Limitation Guidelines for Power Plants

          Schiff Hardin Energy & Environmental Law Adviser

          Blog Post
          Blog Post

          EPA to Relax Civil Enforcement for Non-Compliance Due to COVID-19 Pandemic

          Schiff Hardin Energy & Environmental Law Adviser

          Blog Post
          News Release

          Eighty-Eight Attorneys Named to 2020 Leading Lawyers

          Schiff Hardin LLP is pleased to announce that 88 attorneys have been named to the 2020 Leading Lawyers list.

          Blog Post

          EPA Announced Latest Step in PFAS Action Plan

          Schiff Hardin Energy & Environmental Law Adviser

          Other Publications

          • “The FTC’s Revised Green Guides: Red Lights, Yellow Lights, and Green Lights for Marketers,” (co-author) Bloomberg BNA – Antitrust & Trade Regulation Report (Oct. 5, 2012) and Bloomberg BNA – Daily Environmental Report (Oct. 17, 2012)
          • “Policing of Green Claims,” (co-author) Natural Resources & Environment (Spring 2012)

          Speeches & Presentations

          • “Sierra Club et al v. Midwest Generation, LLC,” 2019 Illinois Water Laws and Regulations Seminar, Naperville, Ill. (Nov. 5, 2019)
          • “Regulations Affecting the Closure and Clean-up of Electric Generating Facilities,” EUCI, 2019 Plant Retirement, Lexington, Ky. (Feb. 12, 2019)
          • “Energy Industry Perspective on Current and Likely Future Federal CCR Regulations and How States Will Address Oversight and Compliance,” American Groundwater Trust, Coal Combustion Residuals (CCR) Workshop, Atlanta, Ga. (Jan. 16, 2019)
          • “Flint Fallout,” (moderator) Midwest Environmental Compliance Conference (Nov. 2, 2016)
          • “Steps to Ensure Your Environmental Permits Can Withstand Third Party Appeals,” American Gas Association 2016 Legal Forum, Asheville, N.C. (Jul. 12, 2016)
          • “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 (Sep. 27, 2011)
        • Citizenship

          Civic and Charitable Memberships

          • Indiana University Mauer School of Law, Environmental Law Advisory Board
          • Grand Victoria Foundation, Vital Lands Advisory Board
          • Columbia Yacht Club, Member
          • National Wildlife Federation, Past Member, Board of Directors
          • Fort Wayne – Allen County Board of Health, Past Member, Executive Board
          • Northeast Indiana Innovation Center, Past Member, Board of Directors

        Energy and Environmental Law Adviser

        EPA Considering Revised Effluent Limitations Guideline Relating to PFAS

        Recently, the U.S. Environmental Protection Agency (EPA) took a preliminary step toward requiring limits on some National Pollutant Discharge Elimination System (NPDES) discharges of per- and polyfluoroalkyl substances (PFAS) into surface water. On March 17, EPA issued an advance notice of proposed rulemaking pursuant to the Clean Water Act (CWA), which seeks public comment on... Continue Reading

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        Product Liability and Mass Torts Blog

        Ohio Supreme Court Invalidates Local Fracking Restrictions

        On Tuesday, February 17, 2015, a sharply divided Ohio Supreme Court held in a 4-3 decision that Ohio local governments do not have authority to enact certain local zoning ordinances restricting hydraulic fracturing. The Court found that an Ohio statute regulating oil and gas well production operations that gives state government “sole and exclusive authority”... Continue Reading

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