Vincent S. Oleszkiewicz practices in the area of environmental law, including all aspects of domestic and international environmental litigation, advising clients on environmental compliance issues, dispute resolution and transactional issues. Mr. Oleszkiewicz has litigated environmental matters that include CERCLA/Superfund actions and private and governmental cost recovery actions, RCRA litigation, groundwater contamination and toxic tort cases. He has represented corporate clients in administrative proceedings before local, state and federal environmental agencies and in complex environmental litigation in state and federal courts.

A member of the Chicago, Illinois and American bar associations, Mr. Oleszkiewicz is a 1982 graduate of DePaul University College of Law and a cum laude graduate of Michigan State University.

Representative Matters

Environmental Litigation and Compliance

Devane v. MetCoil et al., Case No. 01 L 377 (DuPage County Cir. Ct.) Represented owner of manufacturing facility in defense of action brought by seven neighboring families alleging property value diminution from historic spills at the facility. (Jury Trial)
LeClercq et al. v. Lockformer et al., Case No. 00 C 7164 (N.D. Ill.) Represented a parent corporation in the defense of a class action brought by residents alleging contamination of their drinking water well from historic spills at the facility of parent's subsidiary. Defense against claims of CERCLA/RCRA parent liability and common law counts for alleged damages of property value diminution, personal injury, emotional distress, medical monitoring and punitive. (Jury Trial)
Avondale v. Amoco, Case No. 96 C 2762 (N.D. Ill.) Representation of Amoco in the defense of a RCRA action brought for the recovery of costs plaintiff had spent remediating its facility. A favorable summary judgment dismissal was obtained in Amoco's favor in the district court (997 F.Supp. 1073 (N.D. Ill. 1998)) and a significant victory in the Seventh Circuit Court of Appeals upholding the prohibition against recovery of response costs under RCRA incurred after initiation of litigation (170 F.3d 692 (7th Cir. 1999)), which was unaddressed by the U.S. Supreme Court in Meghrig v. KFC.
State of Illinois v. Wickes Manufacturing, Case No. 96 CH 2, (Cir. Ct. for 8th Judicial Circuit, Cass County, IL) Representation of Wickes Manufacturing in an action brought by the State of Illinois concerning groundwater contamination in the vicinity of our client's facility. Issues such as access to neighboring property, potential toxic tort/diminution litigation brought by neighbors, successful negotiation of a favorable consent decree and a challenge to the state's groundwater modeling scenarios are issues which were litigated.
CIVC/Lone Pine v. Allstate et al., Case No. 03 L 9885 (Cir. Ct. Cook County, IL) Represented Allstate as former owner of multiple manufacturing companies in the defense of an action brought by current owner/buyer of those facilities for breach of contract and environmental representations and warranties. Successfully settled case far below client's estimated/expected liability and exposure.
Echternach v. D.H. Martin Petroleum Company et al., Case No. 03 L 9885 (Cir. Ct. Cook County, IL) Represented owner of gasoline station in action brought by neighboring landowner for property value diminution due to leaking gasoline USTs. Case involved defense against vapor intrusion theories and expert testimony regarding valuation of residential property. Successfully settled case and recovered majority of settlement amount through third-party action against manufacturer and installer of client's gasoline pumping system.
Representation of a leading producer of containerboard and corrugated containers in several aspects of environmental compliance regarding air, water and permitting issues, including representation in prior enforcement matter involving responses to USEPA information requests at ongoing superfund sites.
U.S. v. Central Industries Inc., No.399 CR 116DN (S.D. Miss.) Representation of the shareholders of Central Industries, Inc. in the defense of a criminal Clean Water Act case filed by USEPA in federal district court in Jackson, Mississippi, alleging knowing process wastewater discharges in violation of the CWA. The case involved alleged violations of the wastewater treatment plant permit issued to a rendering facility that treated slaughterhouse waste. A successful settlement was achieved including a penalty calculation analysis of alleged economic benefit derived from permit noncompliance, allowing settlement involving payment of fines and restitution to the U.S. DOJ and the Mississippi DEQ.
In Oregon, on behalf of the former owner and operator of a manufacturing facility in Portland, we have been involved in the negotiation over stormwater and surface water discharge requirements to the Columbia Slough with the Oregon DEQ and the current owner of the facility that bought the property from our client. At issue was the potential implementation of extensive stormwater retention systems to prevent stormwater discharge and Clean Water Act violations. Our involvement included a demonstration to the Oregon DEQ of the lack of any connection between the site conditions and the slough sediment or surface water quality through several stormwater sampling events, slough sediment investigations, and porewater survey ecological analyses. Negotiations and discussion with state regulators and the current site owner are required for finalization of the regulatory process.
In Illinois, on behalf of two stone quarry operations, we represented the site owners in negotiations with Illinois and county environmental regulators regarding alleged NPDES violations to surface water and receiving streams, dust control mitigation, and litigation of NOVs for alleged violations of state open dumping regulations, leachate control monitoring, NPDES discharge issues and general pollution control regulations. We assisted the site owners in successfully resolving all alleged violations by undertaking corrective actions, demonstration of compliance activities at their quarry and aggregate mining facilities and negotiation of a consent order with the state and local authorities resolving all outstanding issues and alleged violations.
Representation of the former owner of a ferroalloy manufacturing facility in Marietta, Ohio, on Fundamentally Different Factors Variance for NPDES regulated wastewater discharges with USEPA and Ohio EPA. Involved in ongoing negotiations over the nature and scope of the variance, including a demonstration of economic infeasibility based upon Ohio EPA demanded wastewater treatment options, and negotiation with the current site owner regarding wastewater and air emission treatment options with Ohio regulators.

Environmental Issues in Transactions

We advised and represented the current majority owner on all environmental issues surrounding the creation of a joint venture involving 40 aluminum extrusion facilities in 12 countries with annual sales of $4.5 billion, including due diligence, permitting compliance and negotiation of appropriate environmental language in the sale and purchase agreement.
We represent several real estate developers and provide advice on all aspects of environmental issues surrounding the purchase and sale of real estate, including permitting and environmental compliance, remediation strategies and negotiation of appropriate protections for buyers or sellers through appropriate indemnification, performance of "all appropriate inquiry" environmental due diligence or implementation of environmental impairment liability insurance.
Advised a Swiss corporation regarding environmental issues surrounding its acquisition of several U.S. airport fueling facilities and continue to provide post-closing advice relating to Seller indemnified environmental claims.
Advised a U.K. corporation regarding environmental compliance and regulatory issues relating to its acquisition of multiple U.S. manufacturing facilities.
Conducted environmental due diligence and advised a German corporation in connection with environmental issues surrounding its acquisition of several U.S. auto parts manufacturing facilities.

Professional Activities

American Bar Association
Illinois Bar Association
Chicago Bar Association

Admissions

Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Eastern and Western Districts of Michigan
U.S. District Court for the Eastern District of Missouri
U.S. Court of Appeals for the Seventh and Eleventh Circuits
Federal Trial Bar

Education

DePaul University College of Law, J.D., 1982
Michigan State University, B.A., cum laude, 1979

Experience

Duane Morris LLP
- Partner, 2005-present
Baker & McKenzie LLP
- Partner, 1996 - 2005
- Associate 1992-1995
Mayer, Brown & Platt
- Associate, 1985-1991
Justice Daniel P. Ward, Supreme Court of Illinois
- Law Clerk, 1983-1985

Honors and Awards

2005-2007 Illinois Super Lawyer - Environmental
2004-2008 Illinois Leading Lawyer - Environmental

Selected Publications

"The Advent Of Climate Change Litigation Against Corporate Defendants," BNA Environment Reporter, Vol.35, No. 45, November 12, 2004
"Liability for LUSTs: An Illinois Perspective," 88 Illinois Bar Journal, 556, (October 1998)

Selected Speaking Engagements

"Environmental Due Diligence 'All Appropriate Inquiry,'" Presentation at Commercial Real Estate Due Diligence Conference, May 7, 2007
"Transborder Management of Environmental Information: Guidance for Reporting International Environmental, Health & Safety Incidents," Presentation at B&M Tenth Annual Environmental Conference, May 2001
"Extraterritorial Application of U.S. Environmental Laws - Enforcement Trends," Presentation at B&M Eighth Annual Environmental Conference, June 1998
"Legislative History of the Innocent Landowner Defense" Presentation Paper for ASTM Standards for Environmental Site Assessments, October 1993