Environmental Law Q&A
How has your practice area evolved over the duration of your career?
Early on in my career, clients were not always aware of the laws and their correct implementation and were therefore at risk of violating environmental laws. At that time, government agencies primarily directed their efforts to the enforcement of such laws.
Today, most companies have greater awareness of environmental laws and an active interest in compliance. Government agencies' focus seems to be shifting more toward outreach and working collaboratively with regulated companies rather than focusing strictly on enforcement.
What is one of the biggest challenges your clients are facing today?
I find that my clients want to do the right thing and comply with regulations; however, environmental laws are not always clear and can be subject to interpretation. Conflicts arise when government agencies interpret the laws differently than companies. At that point, I am engaged to make the appropriate arguments on behalf of my clients.
How do you collaborate with other attorneys at Lewis Rice?
My practice allows me to partner with attorneys in other practice areas, in particular the Real Estate and Mergers & Acquisitions teams. When our real estate and corporate clients contemplate purchasing properties with potential environmental hazards, they may face significant risk due to the financial exposure for the company if they are held liable for the clean-up of any environmental contamination on the property.
Our clients want to understand their risk as well as the potential clean-up costs, and in some cases will seek assurance from the appropriate government agency that they will not be held liable for the clean-up. Some agencies will work with companies to reach an agreement, while others will not. In those instances, I negotiate on behalf of our clients for the most favorable outcome and to protect the client as much as possible.
Can you highlight some of your most significant legal victories in environmental law?
One of my most notable achievements was securing a landmark ruling under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), where I successfully had my client dismissed from liability in a $1 billion clean-up case. I was able to reduce another client's liability from $600 million to $25 million in a complex multi-party dispute. Over the course of my career, I have saved my clients millions in remediation costs and consistently negotiated favorable outcomes, including reducing a $2.5 million government penalty down to just $90,000.
What is one of the proudest moments of your career?
Being recognized by my peers and elected as the youngest and the first woman to serve as president of the State Bar of Wisconsin in its 114-year history was a significant milestone. That opportunity not only allowed me to assume a leadership role within my industry, but also to develop programs on issues that were personally important to me. To make the State Bar of Wisconsin more relevant to its members, I established the first diversity committee and focused programming at many of our conferences toward solo practitioners and small firms, as they constituted most of the membership.
How has your involvement in professional organizations impacted your perspective on your work?
My current leadership role in the American Bar Association (ABA) is a tremendous resource. As the chair of the Section of Environment, Energy, and Resources, my primary focus was on outreach. We worked on collaborative projects with other sections of the ABA, including Business Law and International Law, as well as outside of the ABA with state, local, and even international bar associations. Our outreach resulted in strong relationships with attorneys practicing in diverse disciplines all over the world. Through collaboration we achieved common goals and made our organizations stronger.
You often speak on environmental and sustainability topics. What topics do you present on, and which organizations have you addressed?
Since 1987, I have spoken to many organizations such as the American College of Real Estate Lawyers, American Bar Association, and the Environmental Protection Agency. I have covered topics including brownfield redevelopment, corporate sustainability, and environmental compliance in mergers and acquisitions.
