Tom Dimond is a partner in Ice Miller's Environmental Law Group. His practice focuses on environmental litigation and compliance and on environmental issues in transactions. Tom has worked with clients in many industries including chemicals, manufacturing, waste disposal, food production, energy generation and real estate development.

Tom has experience litigating before federal and state courts, and administrative entities on actions involving CERCLA and other forms of cost recovery, Resource Conservation Recovery Act issues, Clean Water Act issues, and facility-siting matters and air-permitting issues, including New Source Preview and Prevention of Significant Deterioration concerns.

He earned a Bachelor of Science in accounting, with highest honors, from the University of Illinois, Urbana-Champaign in 1981, where he was a Bronze Tablet Scholar. Dimond received his juris doctorate from the University of Chicago Law School in 1990.
Reported and Representative Cases

Environmental Litigation
Cost Recovery / Contribution Cases
  • Represented national waste disposal company in third party CERCLA cost recovery and contribution litigation, U.S. v. SCA Services of Indiana (N.D. Ind.), against over 80 generators, transporters and former owners/operators of a National Priorities List site remediated by client pursuant to a consent decree. Representation resulted in settlements valued at over $15 million.
  • Currently representing major chemical manufacturer in mediation of CERCLA cost recovery and contribution claims against United States for contamination at manufacturer's properties resulting from World War I & II production activity involving sites in California, Michigan and Texas.
  • Represented client in opposing the listing of former zinc smelter site on the National Priorities List, Carus Chemical Co. v. U.S. EPA (D.C. Cir.), and in negotiations with state and federal environmental agencies regarding demand for investigation and remediation of site that includes property purchased by manufacturer after zinc smelter slag was placed on property. Site is currently in RI/FS stage.
  • Represented client in Texas and CERCLA cost recovery/contribution suit against former owner of Houston area shopping center contaminated with dry cleaning solvents.
  • Represented major chemical manufacturer in defense and mediation of CERCLA contribution action at Tex Tin Superfund Site where the government constructed and operated a World War II era tin production facility.
  • Represented successor to former railroad company in defense of CERCLA contribution action, Conrail Corp. v. American Premier Underwriters (N.D. Ohio), by current owner of site in Ohio resulting in settlement for less than 10% of original response cost demand.
  • Obtained dismissal for major pharmaceutical manufacturer from CERCLA and state law contribution claims, Organic Chemicals Site PRP Group v. Essex Group, Inc. (Kent Co., Michigan Cir. Ct), for site in Michigan where plaintiff alleged client engaged in toll manufacturing with site in question.
Air Enforcement Cases
  • Represented meat packing industry client in alleged odor nuisance and ammonia release case, People of the State of Illinois v. IBP, Inc. (Rock Island Co., Illinois Cir. Ct.), in which state Attorney General sought injunctive relief and civil penalties. Matter ultimately settled.
  • Represented metal coating plant/Title V source in investigation of alleged negligent or intentional recordkeeping and reporting violations related to air emissions; achieved de minimis settlement.
  • Represented metal and fiber drum manufacturing plants in enforcement actions involving PSD and/or Non-attainment NSR and other issues in Illinois, Kansas and Pennsylvania. Negotiated favorable settlements in all cases.
  • Representing client in proceeding for an adjusted standard from a generally applicable Illinois RACT rule for control of VOC emissions.
  • Represented clients in negotiation and settlement of numerous notices of violation for air emissions issues in Illinois, Kansas, Pennsylvania, New Jersey, West Virginia and other states.
Water Enforcement Cases
  • Represented chemical manufacturer in federal enforcement action, U.S. v. Sherex Chemical Co. (C.D. Ill.), alleging failure to obtain NPDES permit for wastewater discharge during floods.
  • Representing specialty chemical manufacturer in appeal of Illinois adjusted standard related to ammonia in waste water discharge.
Solid Waste / RCRA Enforcement Cases
  • Representing client in defense of federal and state enforcement actions related to spills of oil and hazardous substances at blending/packaging facility.
  • Represented client and sole corporate shareholder in litigation, People of the State of Illinois v. Midwest Metallics (Cook Co., Illinois Cir. Ct.), over alleged violations of state solid waste permitting and handling requirements at client's scrap metal recycling business.
  • Represented paint manufacturer and distributor in negotiating settlement with Nebraska in RCRA enforcement action alleging unpermitted treatment, storage or disposal of hazardous waste and related indemnification claims against prior owner.
  • Represented client in litigation, People of the State of Illinois v. John Christopher d/b/a MCC Contractors (Cook Co., Illinois Cir. Ct.), over alleged violations of state solid waste permitting requirements at fly dumping site formerly leased by client.
  • Represented manufacturing client in responding to RCRA enforcement inquiry and settlement of alleged violations with EPA Region III.
  • Represented major automotive parts manufacturer in appeal of Part B permit issued pursuant to Resource Conservation Recovery Act, In the Matter of General Motors Corp., Delco Moraine Division (USEPA, Env'l Appeals Board).
Siting, Permit Issuance and Regulatory Development Litigation

  • Represented client proposing to construct municipal solid waste combustor in appeals of permit denials under federal (PSD) and state air construction permit and state solid waste facility permit programs, West Suburban Recycling and Energy Center, L.P. v. Illinois EPA (Ill. Poll. Cont. Bd., Ill. App. Court & USEPA, Env'l Appeals Board). Obtained reversal of initial decision that client had not complied with Best Available Control Technology requirements.
  • Represented client that proposed to construct facility for the disposal of low level radioactive waste in lengthy administrative hearings seeking siting approval for facility, In the Matter of: The Safety and Suitability of the Martinsville Alternative Site (Ill. LLRW Disposal Facility Siting Comm.).
  • Representing chemical manufacturer in connection with proposal to revise water quality standards for thermal emissions, dissolved oxygen and other pollutants in Chicago Area Waterway System.
  • Represented municipal client regarding its denial of siting approval for landfill expansion within municipal boundaries, CDT Landfill v. City of Joliet (Ill. Pollution Cont. Bd. & Ill. App. Court).
  • Represented power plant developers in connection with all phases of environmental permitting, including obtaining construction and operating permits required to comply with air emission and water discharge statutes, including federal New Source Review and/or Prevention of Significant Deterioration programs; also assisted client in evaluating option of obtaining NPDES permit for wastewater discharge and possible need to obtain adjusted standards or variances for discharge.
  • Represented electric utility with regard to commenting on draft NPDES permit conditions.
Toxic Tort Cases
  • Defended chemical manufacturer against multiple asbestos premises and product liability claims, including claims in Cook County and Madison County, Illinois.
  • Represented chemical manufacturer in connection with investigation of exposure of contractor security personnel to chemicals during plant decommissioning and related potential claims by security personnel.
Other Cases
  • Obtained preliminary injunction requiring municipality to allow client to open business after municipality claimed business was violating local ordinances, Loews Chicago Cinemas v. Town of Cicero (N.D. Ill.)
  • Assisted clients with responding to the execution of criminal search warrants and related responses to grand jury subpoenas.
Representative Transactions
  • Assisted clients in performing due diligence on various transactions involving facilities throughout the world, including facilities in the following industries:
  • Cement Manufacturing
  • Chemical Manufacturing Basic & Specialty
  • Electro Motive Engine Manufacturing
  • Delivery Truck Assembly
  • Food Additives & Flavorings
  • Landscape Stone Mining & Manufacturing
  • Metering Systems
  • Overseas Shipping Containers
  • Packaging Systems
  • Paint Manufacturing
  • Pump Manufacturing
  • Residential Multi Family Living Communities
  • Resins Manufacturing
  • Specialty Chemicals
  • Vinyl, Aluminum & Wood Window Manufacturing
  • Warehousing
  • Advised lender in connection with federal criminal investigation of borrower's liquid waste disposal facility.
  • Advised lenders on lease financing transactions involving floating oil platforms, chemical plant equipment and other types of industrial assets.
  • Advised clients involved with the ocean transport of oil and/or liquefied natural gas into U.S. ports of the possible liability regimes under the Oil Pollution Act of 1990, the Clean Water Act and other applicable federal and state statutes and common law.
  • Advised purchasers in corporate transactions regarding potential toxic tort liabilities associated with target's prior use or production of asbestos, lead based paint, diacetyl, perfluorooctanoic acid (PFOA) polybrominateddiphenylethers (PBDEs) and various other hazardous substances.
  • Assisted clients in the negotiation of contractual language and due diligence for the purchase of properties located within broadly defined National Priorities List sites.
  • Assisted clients with establishing and implementing environmental due diligence programs for purchase and development of real estate for warehousing/light industrial and multi family residential purposes and addressing related Phase II and brownfields issues.
  • Represented client in connection with purchase of large tracts of land with potentially significant cultural resources / archaeological issues.
  • Assisted client with drafting of operations and maintenance program to address potentially elevated levels of radon to support refinancing of property with Fannie Mae.
  • Assisted clients with negotiation of numerous access agreements and/or consultant contracts for environmental investigations.
Selected Experience
  • Brownfield Redevelopment
  • Representing owner of oil and chemical blending facility in obtaining no further remediation letter from Illinois Site Remediation Program and in lease negotiations with landlord.
  • Representing client seeking no further remediation letter from State of Tennessee related to historic solvent contamination by former site owner/operator, who declared bankruptcy.
  • Assisted client with negotiation of uniform environmental covenant to implement institutional controls and facilitate site closure in Illinois.
  • Represented client in the precious metal refining and alloy manufacturing industry with environmental investigations and regulatory interfaces related to obtaining no further remediation letter from Illinois Site Remediation Program.
  • Represented client in proposed redevelopment of former landfill property into a retail shopping and office center.
  • Represented manufacturing client in preparation of Baseline Environmental Assessment and Due Care Plan to obtain liability protection at sites in Michigan.
  • Represented numerous clients in seeking voluntary cleanup program approvals for sites that were formerly used for dry cleaning operations or that previously had petroleum containing underground storage tanks in Illinois, California, Connecticut, Georgia, New Jersey, Ohio and Texas.
  • Environmental Compliance
  • Assisted clients with applicability determinations and compliance with various European Union regulations, including REACH, RoHS and Battery Directive.
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