About Nancy J. Rich

Nancy Rich provides practical guidance to clients confronting environmental legal issues, whether they arise in litigation, transactions or regulatory matters. A former environmental prosecutor with the Illinois Attorney General's Office, Nancy has a detailed understanding of environmental agencies and the laws they enforce. She regularly advises corporate, real estate and financial services clients.

Efficiency that closes deals, mitigates compliance issues, resolves cases

Nancy's experience as an environmental prosecutor gives her an insider's understanding of how agencies operate, how they view the law and how they determine their enforcement priorities. That includes an understanding of facts likely trigger agency action and potential environmental liability. She combines that background with her years of experience at Katten to develop solutions that mitigate risk and allow her clients to pursue their business goals. She does that with a rigorous focus on providing advice that is both practical and efficient in bringing her client's legal issue to resolution, whether it is a regulatory inquiry or a deal closing.

The formula works. Clients value her efficiency, for instance, in ensuring that technical consultants develop only the information her clients need to address their immediate issue. They also value the nimbleness that Nancy brings to her matters. Realizing that a situation may change, she stands ready to adapt her strategies as new information warrants. Throughout, she remains focused on her client's current circumstance and goals.

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Practice Focus

  • Complex litigation involving Superfund, the Clean Air Act, the Clean Water Act and other environmental laws
  • Environmental toxic tort litigation and enforcement litigation defense
  • Brownfields and other real-estate-related environmental matters
  • EHS (environmental, health and safety) liabilities in corporate transactions
  • Environmental insurance policies
  • Occupational Safety and Health Act (OSHA) compliance and defense
  • Alternative energy issues and environmental sustainability projects

Representative Experience

  • Defended food manufacturer against alleged multiple, repeat violations of worker health and safety requirements. Obtained reduction of several hundred thousand dollars in OSHA penalty case.
  • Represented client in obtaining cost of defense settlement of federal Superfund cost recovery lawsuit after locating and deposing the plaintiff’s retired employee. The employee testified that waste from the plaintiff’s manufacturing line was dumped outside on the ground at the plaintiff’s property on multiple occasions over a period of years.
  • Represented client in negotiating with co-lender, defaulting borrower and regulatory agency to avoid environmental litigation on a Brownfield development loan. Developed a strategy that allowed client to exit the loan and recoup most of the loan value.
  • Developed and oversaw multi-layered liability and allocation and insurance plan which allowed client to successfully divest an environmentally challenged business.
  • Advised nonprofit, off-the-grid incubator for sustainable businesses on applicability of federal and state environmental and utility laws and regulations applicable to its anaerobic digester and combined heat and power system. As a result, client qualified for a loan to build the system to supply the building's energy needs, saving hundreds of thousands of dollars in energy costs over the life of the facility.
  • Counseled foreign investor in acquiring US manufacturing plants by implementing an environmental investigation plan to develop an appropriate environmental baseline for lenders. Persuaded seller to retain certain assets that would likely impede financing of the acquisition.
  • Counseled acquirers of nearly one million acres of timberland regarding oil and gas well liability issues. Negotiated contractual provisions to carve out locations and liabilities of concern.

Presentations and Events

  • Presenter | Keeping Your Clients Clean – Mitigating Environmental Risks in Real Estate Transactions
    May 24, 2018
  • Presenter | Urbanization and Gentrification: Tools to Increase Social Equity While Revitalizing City Centers
    May 10–11, 2018
  • Spring CLE Symposia
    Speaker | Environmental Insurance – Identifying, Negotiating and Allocating Liabilities
    May 12–13, 2016
  • Florida Bar Association Real Property and Title Law Committee
    Speaker | Digging Through the Field of Environmental Insurance – Identifying and Addressing Legal Issues Through Negotiation
    November 16, 2015
  • American Bar Association eCLE
    Panelist | Building the Survey Team – Addressing Critical Project Issues
    January 7, 2015
  • Client CLE Presentation
    Speaker | Environmental Due Diligence – Legal Liability and Strategy Issues
    June 24, 2014
  • Speaker | Due Diligence and Negotiation of a Brownfield Development Purchase and Sale Agreement
    May 1–2, 2014
  • ABA RPTE Leadership Meeting
    Speaker | New Issues in Environmental Property Assessment
    November 8, 2013
  • Panelist | Carbon Emissions Trading: What to Expect in the Next 5 to 10 Years
    April 26–27, 2010
  • View All Presentations and Events