Lawyers / Professionals

 
David L. Rieser       
Partner
77 West Wacker Drive
Suite 4100
Chicago, Illinois 60601-1818
T: 312.849.8249
F: 312.920.7231
drieser@mcguirewoods.com
 

Mr. Rieser has focused his practice in environmental law since 1980. He represents clients in all areas of environmental law including regulatory and enforcement matters, corporate and real estate transactions, government and private cost recovery actions, compliance counseling, and remediation of contaminated sites.


Representative Matters
  • Legislative and Regulatory Matters
    • Representing power generating company in responding to request for information regarding Clean Air Act issues.
    • Represented industrial trade groups in drafting and negotiating Illinois Site Remediation Act and associated regulations. These include the Tiered Approach to Corrective Action Objective (TACO) regulations which set risk based cleanup standards, the Site Remediation Program regulations which set the procedure for voluntary cleanups and the Proportionate Share Liability regulations. Mr. Rieser serves on the Illinois Site Remediation Advisory Committee to oversee the development and implementation of these and other regulations relating to remediation.
    • Represented petroleum industry trade group in negotiating underground storage tank (UST) in Illinois, regarding operation and maintenance, remediation and reimbursement from the UST Fund.
    • Represented power generating company in regulatory proceedings to adopt State Implementation Plan relating to emissions of nitrogen oxides (NOx) from power plants to comply with federal Clean Air Act requirements.
    • Obtained site specific regulatory relief from the Illinois Pollution Control Board for steel facilities seeking to modify thermal water quality standards, and for petroleum refinery seeking revised ammonia nitrogen effluent limits.
    • Obtained federal corrective action orders for hazardous waste facilities including risk based corrective action objectives for investigating and remediating site contamination.
  • Litigation Matters
    • Represented power generating company in favorable settlement of federal New Source Review enforcement actions.
    • Obtained favorable ruling from 7th Circuit for railroad seeking to bring cost recovery action under state law despite discovery of contamination after bankruptcy bar date.
    • Participating in resolution of multiparty corrective action litigation for NPL site.
    • Represented dry cleaner in injunction action seeking complete remediation of contaminated site.
    • Represented Fortune 100 food manufacturer in action to maintain trade secret confidentiality for operations in context of air permit application.
    • Obtained Administrative Orders on Consent for Notices of Violation under Clean Air Act for failure to respond to information order and for mishandling of CFC materials.
  • Underground Storage Tanks
    • Obtained restricted and unrestricted No Further Action Letters for several developer and industrial clients.
  • Commercial Transactions
    • Represented numerous buyers and sellers of commercial and industrial property including obtaining and reviewing environmental property and compliance audits, drafting contract language and obtaining environmental insurance to secure transaction. Matters include $300 million sale of utility assets, purchase of assets of European manufacturer with facilities in four countries and sale of $70 million office building with ongoing contamination.
  • Environmental Insurance Coverage
    • Represented excess insurer in numerous actions regarding coverage for environmental damages.

Practices & Industries
Honors
  • Named One of America's "Leading Lawyers," Chambers USA, 2008, 2009
  • Named an Illinois "Super Lawyer," Law & Politics, 2006
  • Named a Leading Lawyer in Environmental Law by the Leading Lawyers Network

Previous Experience
  • Partner, Ross & Hardies, Chicago, Illinois

Publications
  • Undue Diligence - The USEPA Proposed All Appropriate Inquiry Rules, Lake Michigan States Section, Air & Waste Management Association Newsletter, September 2004
  • In State Consultant for Illinois in Brownfields Law and Practice Guide, Published by Lexis/Nexis Mathew Bender
  • Author of Chapter "Institutional Controls in Illinois," Implementing Institutional Controls at Brownfields and Other Contaminated Sites, edited by Amy Edwards, Published by ABA Section of Environment, Energy and Resources
  • "Institutional Control Changes May Affect Risk-Based Corrective Action," Ross & Hardies Environmental, Health & Safety Update, June 2000
  • "Proportionate Share Liability Clarifies CERCLA," Illinois Real Estate Journal, Vol. 2, No. 3, February 1, 1999
  • "Environmental Issues in Financing Transaction," Environmental Law for Transactional Attorneys, Illinois Institute for Continuing Legal Education, November 2001
  • "Proportionate Share Liability and Its Impact on Real Estate Transactions," Illinois Real Estate Journal, February 1, 1999
  • "A Practical Approach to Brownfields: A Brief Overview of 'TACO' and the 'SRP'," Illinois Bar Journal, May 1998
  • "Crack New Markets, Seek Development Opportunities," Crain's Small Business, Chicago Edition, Business Advisor Expert, June 1997, Vol. 5, p. 9
  • "New Site Remediation Regulations Change Rules for Environmental Professionals," Illinois Engineer, June/July 1997
  • "Brownfields Bill Promotes Sweeping Changes," 16 NIU L. Rev. 621, Summer 1996

Seminars
  • "All Appropriate Inquiry," Seminar, McGuireWoods LLP
  • Co-chair, "Illinois RCRA Issues," Chemical Industry Council of Illinois/Illinois Environmental Protection Agency Joint Seminar, April 14, 2004
  • Speaker, Air & Waste Management Association National Conference Call on Aviall v. Cooper, April 12, 2004
  • "Mold: Practical & Legal Strategies," January 30, 2003
  • "New Directions at IEPA," February 14, 2001
  • "Worst Case Scenarios: Reacting to and Managing Industrial Tragedies and Catastrophes," November 8, 2000
  • "What Can Happen When the EPA Comes to Call?" April 6, 2000

Speaking Engagements
  • "United States Brownfields Laws and Regulations" given at the Brownfields Redevelopment Trade Mission, January 14, 2004, Canadian Consulate General, Chicago, Illinois
  • "Environmental Laws and Regulations for Managers," Certified Hazardous Materials Managers Training Course, January 22, 2004, Chicago, Illinois
  • "Legal Issues Relating to Land Use and Acquisition," Chemical Industry Council of Illinois Seminar: Planning for Plan Modifications, May 25, 2000
  • "Underground Storage Tank Regulations," Government Institutes Seminar on U.S. Environmental Regulations, September 11, 2001
  • "RAP and Other Adventures in Corrective Action," Chemical Industry Council of Illinois Seminar on RCRA and Hazardous Waste Issues, February 10, 2000
  • "RCRA Enforcement Actions by Federal and State Governments," Chemical Safety Council of Illinois Seminar on RCRA and Hazardous Waste Issues, February 10, 2000
  • "Audits and Inspections: Background and Legal Issues," Chemical Industry Council of Illinois Seminar on Enforcement and Auditing, February 8, 2001
  • "Illinois SRP Program: Institutional Controls," Illinois State Bar Association Environmental Conference September 21, 2001
 

EDUCATION

Washington University School of Law, St. Louis, Missouri, J.D., 1980

University of Chicago, Chicago, Illinois, B.A., General Honors, 1977

 
 

ADMITTED

Illinois

U.S. District Court for the Central District of Illinois

U.S. District Court for the Northern District of Illinois (Trial Bar)