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Experience:
Rich Bulger represents business, association and individual clients in complex environmental, toxic tort, and administrative law matters. He litigates environmental, toxic tort and product liability disputes before federal and state judicial and administrative tribunals, having represented companies involved in the chemical, utility, scrap metal, railroad, and ranching industries in compliance disputes as well as class action litigation.
As part of his environmental compliance work, Rich negotiates with government entities in proceedings related to the Clean Air Act, Resource Conservation and Recovery Act and state environmental statutes and regulations. He has helped numerous corporate clients resolve permitting and emissions concerns. This extensive compliance practice complements Rich's work counseling clients on the environmental aspects of corporate transactions and real estate transactions, including the purchase, sale, and redevelopment of brownfields properties.
Rich served with the Illinois Environmental Protection Agency from 1994 to 1997 before entering private practice. He joined Mayer Brown in 1998.
Notable Engagements:
Environmental and Toxic Tort Litigation:
Representing a multinational entity in nationwide product liability litigation, with particular emphasis on pretrial and trial practice in Madison County and Cook County, Illinois, including substantial litigation in the trial courts, intermediate appellate courts and the Illinois Supreme Court.
Representing a chemical manufacturer in a putative class action filed in Madison County, Illinois alleging that the company's herbicide has contaminated public water supplies.
Represented a utility in litigation brought by more than a dozen plaintiffs who opted out of a class action settlement and allege personal injury and property damage due to the presence and alleged release of mercury in residential customer locations.
Defended an individual in suit initiated by USEPA under CERCLA in the U.S. District Court for the Northern District of Illinois to gain access and conduct removal at a private residence. Prevailed following a hearing before the district court in what is thought to be the only post-SARA instance in which a court has declined to grant USEPA access to property under CERCLA. See United States v. Tarkowski, 2000 WL 696740 (N.D.Ill. May 30, 2000). Briefed and argued appeal in which the Seventh Circuit Court of Appeals affirmed. See United States v. Tarkowski , 248 F 3d 596 (7th Cir 2001).
Represented a federal and state trade association and individual ranchers and farmers in a reverse-FOIA action in the U.S. District Court for the Western District of Texas and the Fifth Circuit Court of Appeals. See Doe v. Veneman, 380 F.3d 807 (5th Cir. 2004).
Represented a local utility in an enforcement action commenced by State of Illinois and joined by the United States, involving alleged public health concerns related to mercury-containing equipment in residential customer locations.
Represented scrap metal company when the City of Chicago brought an enforcement action involving permitting, solid waste, hazardous waste, air emissions, stormwater and point source discharge requirements.
Represented a railroad in a toxic tort case litigated through jury verdict involving solvent contamination at a county-owned municipal waste landfill.
Represented a refinery in a pending EPCRA administrative enforcement matter filed by USEPA Region Five.
Represented the Illinois EPA in permit appeals and variance proceedings before the Illinois Pollution Control Board.
Represented the Illinois EPA in enforcement actions, including those against refineries following explosions and substantial chemical releases.
Transactional Matters:
Negotiated with the City of Chicago on behalf of a meat processing company to redevelop a brownfields facility located in the city, including participation in Illinois' Site Remediation Program.
Represented clients in the $5 billion purchase of a fossil fuel-fired utility business, advising them on environmental due diligence affecting all media and on contractual review.
Counseled a gaming company in acquiring another gaming company for the development of a casino project in a formerly industrial area in Missouri.
Represented a utility in the pending bid process relating to the acquisition of a western utility.
Advised a telecommunications company in connection with the sale of a local exchange service business.
Counseled a large scrap recycling company in its acquisition of multiple scrap companies as part of the client's consolidation strategy.
Represented the parent company in ongoing negotiations for the sale of a subsidiary chemical corporation by stock purchase.
Negotiated access and entry, site remediation and indemnity agreement for the purchaser of a site formerly used by a utility, involving removal of multiple underground storage tanks and participation in Illinois' Site Remediation Program.
Compliance Counseling:
Helped a heavy equipment manufacturer respond to a violation notice letter from the Illinois EPA regarding air and permitting issues.
Advised multiple clients regarding new source permitting and compliance with Illinois' response to the U.S. EPA's NOx SIP Call, as they affected fossil fuel-fired and other electric generating facilities.
Negotiated on behalf of an energy company, prior to referral to the Attorney General, the resolution of an enforcement matter commenced by the Illinois EPA involving compliance with emissions monitoring requirements.
Counsel industrial clients regarding the full range of Clean Air Act compliance issues, including those related to PSD and Nonattainment New Source Review, NSPS, Title V permitting and enforcement.
Counseled Illinois EPA on permit matters, including those related to Title V and trade secret and confidential business information.
Counseled Illinois EPA on legislative affairs.
Pro Bono:
Represented an individual in a contested conditional release proceeding in Illinois state court. Prevailed at trial level following a four-day hearing. Briefed and argued in appeal in which the Illinois Court of Appeals affirmed and the Illinois Supreme Court denied the State's petition for leave to appeal. People v. Robin, 728 N.E.2d 736 (1st Dist. 2000), app. den., 734 N.E.2d 897, 248 (Ill. Jul 05, 2000) (Table, No. 89440), discussed in Case Law Updates: Criminal Commitment/ Release, 24 Mental & Physical Disability L. Rep. 389 (American Bar Association 2000).
Education:
Indiana University School of Law - Indianapolis, JD, 1993, Northwestern School of Law of Lewis & Clark College, Certificate in Environmental and Natural Resource, 1993, DePauw University, BA, 1990. |
