William E. Hartgering

T: 312-655-0555
F: 312-655-0644
Environmental
The following are representative environmental matters handled by Mr. Hartgering.

Representative Matters

  • Court Appointments
    • Appointed, with the agreement of all parties, Special Master, Mediator or Referee by 9 federal or state courts in: Connecticut, New York, Florida, Illinois, Indiana, Michigan, Missouri, Virginia & Wisconsin
  • Ground Water Contamination
    • Tank Farm. Mediation: gas/diesel contamination, fraud, insurance, & construction claims arising out of the construction of a large truck terminal.
    • 22 party representatives, Problems with a “State of the Art” Containment System. Court appointment, 9 separate underground fuel tank sites, 22 counsel. Issues: design, installation and performance of a fuel containment system.
    • 142 Plaintiffs, Landfill owner. Coverage issues involving the landfill owner and 30+ years of groundwater contamination of private wells.
  • Insurance
    • Landfill Owner, 2 carriers, 3 policies covering 5 of 30+ years of contamination. Coverage Property Damage/PIV, known loss, pro rata/all sums, allocation issues
    • Defense Costs. 7 parties, mediated allocation of several decades of manufacturers insurance defense costs for asbestos claims.
  • Other Allocation
    • 33 parties, $42M of alleged Damages, fees, costs, and expenses. Serious leakage problems, allegations of design malpractice and coverage disputes involving international parties and the construction of a 33 story mixed use commercial/hotel apartment/condominium building. Tasks involved initial process design, mediated allocation of damages involving 30 of the parties, and then an allocation of fees, expenses and all process costs.
    • Several $Million of Damages among 17 diverse parties. Mediation: 100+ member condominium owner class, 16 defendants and serious problems involving the construction of a large oceanfront high-rise condominium.
    • 15 party, $14M federal litigation involving fraud, RICO violations and professional malpractice. Failed 85-year-old life insurance company, brought by a state insurance commissioner as receiver, against the company’s officers & directors, two law firms, their professional liability carriers, and a national accounting firm. Litigation pending in 3 separate courts.
    • Defense Costs among 8 parties for Several Decades of Asbestos Claims. Detailed process design & mediation of 5 year dispute over allocation of defense costs for numerous carriers & insured arising out of several decades of asbestos claims.
    • $25M Litigation, 15 parties. Mediation: several banks, 21 franchises 20+ estate transactions and a $25M lawsuit involving a nationwide franchise.
  • Permit Denial
    • Municipal Waste Landfill. Mediation between owner and engineer involving the denial of a permit by a state environmental agency.
  • Siting
    • Proposed Landfill. Design of a public process to facilitate the siting of a large regional landfill. Project involved convening all interested parties and reaching consensus on a regional neutral to manage the multi-day process.
  • Superfund
    • Chemical/Pesticide Plant Site, Allocation. 50+ year old Plant site, 5 separate disposal areas involving different combinations of 9 PRP’s at each site (and the EPA as a “participant”) involved in the estimated $40-$70M clean up. After 6 years of bitter litigation, there were widely divergent views on key issues including “Aceto,” alter ego and successor liability, relevancy of volumetric data, effect of a paucity of documentary data, substantial “orphan share” and toxicity issues. Chosen as allocation consultant to work with a former judge, we ended up working together as co-mediators. The matter was resolved within about 4 weeks of the start of our joint meetings with the parties.
    • Implementation of Superfund Remediation. Bitter multiparty dispute involving the implementation of a creative remediation facility for ground water contamination. The facility generated electricity from wood chips and other related materials. The parties involved a general partnership, numerous limited partners, a significant local corporation and a city as part facility owners
    • Remediation. Mediator, then chosen as arbitrator: variety of contractual & insurance related disputes arising out of Lake Michigan remediation work. US v. Outboard Marine, 78-C1004. Matter settled before arbitration.
    • Landfill Site. Project involving the initial facilitation and successful implementation of agreements involving more than 200 settling parties
    • Landfill Site/Allocation. Mediation/allocation involving what was apparently once a Superfund designated site in southern Wisconsin involving the EPA and 5 PRPs (2 small city/townships , two large corporations and a federal PRP) with other parties potentially to be involved in a second stage.
  • Waste Water Treatment
    • 9 Construction/Contract related Disputes in 6 states. Mediations: involving public entities, general contractors, subcontractors, and architect/engineers involving the construction and operation of separate large treatment facilities in 6 states.
    • "Deep Tunnel" Project. "Med/arb" with outside technical experts; conducted mediation of seven figure dispute involving the design and operation of "sluice gates" in a massive "Deep Tunnel" facility.

Honors, Memberships, and Professional Activities

  • Honors
    • Ranked among the Top 10 ADR Neutrals in Illinois, Leading Lawyers, 2014
    • Recommended “Leading Lawyer” Commercial ADR Law
  • Memberships & Professional Activites
    • Former Adjunct Faculty, Northwestern University
      • Kellogg School of Management
      • Pritzker School of Law
    • Trainer, 30 forums in 15 states, Hong Kong, Latvia, and Lithuania
    • Member, Regional Utility Mediation/Arbitration Outage Allocation Panels
    • Active Member, ABA Section of Dispute Resolution and SPIDR (now ACR), 1981-present
    • Member, Unitarian Church of Evanston
  • ADR Profile

Background and Education

  • J.D., Northwestern University (Law Review, First Place, Moot Court Competition; National Moot Court team), 1975
  • B.S., cum laude, Political Science, Claremont McKenna College, Claremont, CA, 1972
  • Born 1949, Two children, Extensive travel in Japan, Hong Kong, South Africa, Asian/European Russia, Eastern/Western Europe, Caribbean, Central America, and each of the 50 United States

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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