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Tom Dimond is a partner in Ice Miller's Environmental Law Group. His practice focuses on all aspects of environmental issues, including litigation, transactional and compliance counseling. Tom has worked with clients in many industries including chemicals, manufacturing, traditional and renewable energy, waste disposal, food production, 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.

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Tom has also advised clients in a wide variety of transactions: everything from single property purchases, to multi-property wind energy developments, to multi-billion dollar mergers of public companies. In this context, he has led due diligence reviews on facilities across the globe, negotiated contract language to reflect the allocation of responsibility, and assisted clients with post-closing indemnity and integration issues. 

Tom 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. He received his juris doctor from the University of Chicago Law School in 1990.

Reported and Representative Cases
Environmental Litigation
Cost Recovery / Contribution Cases
  • Represented client in opposing the listing of former zinc smelter site on the National Priorities List. Carus Chemical Co. v. U.S. EPA, 395 F.3d 434 (D.C. Cir. 2005). Continuing representation 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. RI/FS is complete and remedy selected.
  • 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.
  • Represented 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 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 facility 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.
  • Represented client in obtaining an adjusted standard from a generally applicable Illinois RACT rule for control of VOC emissions. Petition of Greif Packaging for an Adjusted Std., AS 2011-01, 2012 WL 1227673 (Ill. Poll. Cont. Bd.)
  • 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 specialty chemical manufacturer in appeal of Illinois adjusted standard related to ammonia in waste water discharge. Achieved reversal of unacceptable conditions on adjusted standard. Emerald Performance Materials v. Illinois Pollution Control Bd., 2016 IL App (3d) 150526.
Solid Waste / RCRA Enforcement Cases
  • Represented client in defense of state enforcement action related to spills of oil and hazardous substances at blending/packaging facility. The client had remediated spills and submitted reports to the State. After one-week trial, we defeated the State's request for a mandatory injunction requiring additional investigation and remediation. People of the State of Illinois v. Olympic Oil, Ltd. (Circuit Court of Cook County)
  • 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 over alleged violations of state solid waste permitting requirements at fly dumping site formerly leased by client. People of the State of Illinois v. John Christopher d/b/a MCC Contractors (Cook Co., Illinois Cir. Ct.).
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. Obtained reversal of initial decision that client had not complied with Best Available Control Technology requirements. West Suburban Recycling and Energy Center v. Illinois EPA, 299 Ill. App. 3d 1126 (Ill. App. 1998).
  • 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.).
  • Represented 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 Corp. v. Illinois Pollution Controll Board, 305 Ill. App. 3d 1119 (Ill. App. 1999).
  • 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.
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 and post-closing integration 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
  • Wind Energy Developments
  • Advised wind energy developers on wetland, endangered species, local zoning, and permitting for wind farms.
  • 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) polybrominated diphenyl ethers (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
  • Represented owner of oil and chemical blending facility in obtaining no further remediation letter from Illinois Site Remediation Program and in lease negotiations with landlord.
  • Represented 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.
Ice TV
Firm Publications
Published In
Speaking Engagements
  • "Fence-Line or Other Remote Monitoring - Legal Issues," June 16, 2016
  • "Variances to Illinois Water Quality Standards," April 2, 2015
  • "Criminal Investigations – A View from the Defense, Chemical Industry Council of Illinois, Environmental Compliance and Enforcement Seminar," February 2010
  • "Recent Trends in US Climate Change Policy and Litigation: Climate Change Tort Litigation," Webinar, December 2009
  • Panel Participant, Illinois State Bar Association, 2009 Environmental Law Conference, "Regulatory: Water Quality Rulemaking (Use Attainability)," May 2009
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