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Experience:
John Berghoff is a nationally recognized litigator who represents clients in trials and appeals at both state and federal levels. His practice concentrates on complex environmental and toxic tort litigation, environmental management, and responses to corporate crisis situations. In his corporate counseling he provides knowledgeable guidance to clients on the environmental issues that affect mergers, financings, and major real estate developments throughout the United States.
Chambers USA recently (2007) noted that John is " . . . described by peers as 'a superb lawyer.'" Chambers' editors also observed that John " . . . has the ability to master and litigate large, complex cases relating to mining, railroads and insurance," and commended him for " . . . his utter commitment when serving his clients' interests" (2006).
John's practice has a strong emphasis in matters involving hazardous materials. He has litigated both jury and bench trials nationwide relating to the effects of toxic materials exposure on behalf of manufacturers, refineries, and transportation and mining companies. He also counsels clients on response actions relating to PCB and dioxin contamination and negotiates with the US EPA on these issues. Regarding the Resource Conservation & Recovery Act, John advises clients on disposal of hazardous waste, permit requirements, and closure.
John also advises clients on such environmental regulatory issues as these:
Wetlands - He counsels real estate developers, purchasers and mining companies on wetlands issues related to permitting.
Clean Air Act - He evaluates various industrial facilities and the need for Clean Air Act permits on both state and federal levels; prepares permits and represents clients before regulatory agencies throughout permit-development and -approval processes.
Federal Water Pollution Control Act (NPDES Permit System) - He counsels clients on issues regarding point source discharge of pollutants under the NPDES system; negotiates with state and federal environmental agencies on behalf of clients; and prepares the complex forms required under NPDES.
State Environmental Statutes - He represents clients dealing with state environmental regulatory agencies (e.g., the Illinois Pollution Control Board); provides effective counsel during government hearings and investigations; and advises clients regarding development of key environmental and regulatory legislation.
Notable Engagements:
Court of Appeals: Argued two environmental cases in the Ninth Circuit within the last two years, one relating to wetlands jurisdiction and another relating to procedural issues on privileged documents in the environmental remediation context.
Environmental Class Action Litigation: In a complex and ultimately successful defense, overturned a lower court's guilty verdict brought against a client oil refinery in the course of a so-called "nuisance" class action suit. This very significant reversal was based on a ruling of insufficient evidence. The case's successful conclusion restored the client company's industry reputation and represented a major financial victory (approximately $120 million). The verdict was among the largest dollar-value findings to be reached in Illinois in 2005.
Environmental and Workplace Class Action Litigation: Represented plaintiff class against a major rail carrier in a State of Washington trial that sought redress based on workplace liability (i.e., hearing loss) and employer misrepresentation issues. The suit achieved a comprehensive victory for plaintiffs. This was preceded by a favorable punitive-damages finding in a State of Montana jury trial for the same client.
Toxic Tort Litigation: Brought toxic tort litigations and significant class actions to favorable jury verdicts in state and federal courts. Represented chemical and refining industry clients in connection with alleged exposure to toxic chemicals in groundwater and air (e.g., Albertson, et al. v. Dow Chemical in Natroma County, Wyoming; and Settles, et al. v. Clark Oil in Madison County, Illinois). Typically, cases involved multiple plaintiffs, a wide array of alleged injuries, complex response management issues, and aggressive litigation on all fronts.
Mandatory Container Law Cases: Represented the beverage container industry in several cases relating to local and state legislation that attempted to set mandatory deposits on beverage containers, including American Can Company v. State of Oregon, Supreme Court of Oregon. On a nationwide basis, represented the industry's challenges of such ordinances and statutes. Several trials and hearings were involved before state and local environmental authorities and state courts from Oregon to Maryland.
National US EPA Regulations Restricting the Use of Lead in Gasoline: Represented a manufacturer of tetraethyl lead before the Court of Appeals for the District of Columbia in Nalco Chemical Company v. Environmental Protection Agency (D.C., en banc). Challenged the authority of the US EPA to issue these regulations and the scientific bases for these regulations. This case is a major precedent in the area of the scientific bases of regulations, particularly those on the frontiers of scientific knowledge. After winning the case before the original Panel, the decision was reversed en banc 5-4, with several oft-cited opinions issued.
Mining: Represented mining companies in condemnation and "takings" cases involving significant impact on stone and minerals mining operations.
Air Quality Designation Areas: In National Steel Corporation v. Environmental Protection Agency, Seventh Circuit Court of Appeals, represented a steel company challenging EPA regulations setting air attainment areas under the Clean Air Act. Successful, in part, in challenging the basis of these designations.
Packaging Review Legislation: In Can Manufacturers Institute v. State of Minnesota, Supreme Court of Minnesota, successfully challenged a statewide packaging review scheme before the Supreme Court of Minnesota on behalf of manufacturers of various packages in the state, including beverage containers. In this connection, acted as amicus in Minnesota v. Clover Leaf Creamery, US Supreme Court, which involved a challenge to a state ban on plastic milk containers.
Radioactive Materials and Hazardous Waste Disposal: Involved in several actions regarding hazardous waste disposal and radioactive materials, including legal issues relating to preemption of state and local regulations under the Atomic Energy Act. In State of Illinois v. Kerr-McGee Chemical Corporation and City of West Chicago v. Kerr-McGee Chemical Corporation in the Seventh Circuit Court of Appeals, represented the NRC licensee challenged by state and local governmental units over proposals to dispose of large quantities of low-level radioactive waste. Other actions stemming from this matter include lawsuits claiming personal injuries, such as Westrom v. Kerr-McGee Chemical Corporation, Brown v. Kerr-McGee Chemical Corporation, and Fawell v. Kerr-McGee Chemical Corporation. In connection with these cases, provided counsel on issues relating to hazardous waste disposal and dealings with the US Nuclear Regulatory Commission, the US Environmental Protection Agency and other governmental units and on scientific issues related to exposure to low-level radioactive materials. Involved in the Tenth Circuit Court of Appeals and the US Supreme Court briefs in Silkwood v. Kerr-McGee Corporation.
Oil and Chemical Spills: Handled the defense and environmental issues related to such spills as the MEGA BORG oil tanker disaster in the Gulf of Mexico, the Brookhurst, Wyoming refinery spill and the Hartford, Illinois gasoline spill litigation.
CERCLA Cost Recovery Actions: Represented numerous companies nationwide in the defense and prosecution of actions seeking remediation cost recovery under CERCLA.
Hearings and Administrative Matters: Involved in numerous hearings before the Illinois Pollution Control Board and negotiations with the US EPA and the Illinois EPA, as well as the Food and Drug Administration and the Nuclear Regulatory Commission, on various matters relating to the Clean Air Act, the Federal Water Pollution Control Act, the Toxic Substance Control Act, the National Environmental Policy Act, the Resource Conservation & Recovery Act, the Federal Environmental Pesticide Control Act, and state environmental statutes and regulations.
Criminal Matters: Represented companies responding to alleged environmental criminal issues, grand jury investigations and search and seizure problems.
Other Environmental Trials: Tried actions alleging nuisance theories under the common law relating to environmental matters. In Mockus v. Vulcan Materials Company, defended a case on behalf of a quarry operator against claims that blasting operations conducted at this quarry caused severe property damage to neighboring apartment buildings. Achieved a directed verdict following completion of the plaintiff's case.
State of Illinois v. Kerr-McGee is a lengthy and complex trial involving numerous issues relating to nuisance theories, federal preemption, hazardous waste, and state statutes and regulations.
Wetlands: Represented developers and mining operators in injunction litigation with the US Army Corps of Engineers.
Education:
Northwestern University School of Law, JD; Wigmore Key, Northwestern University, BA with honors. |
