Milwaukee Office
411 East Wisconsin Avenue
Milwaukee,
Wisconsin
53202
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Professional Experience
Tom McElligott has significant experience in all aspects of environmental law including: negotiating air and water discharge permits, administrative and judicial litigation regarding air and water permits, defense of governmental and third party enforcement actions, representing private and municipal clients in real estate and commercial transactions, with a particular emphasis in “Brownfield” transactions and representing private and municipal clients in remedial projects involving state and federal authorities.
Mr. McElligott’s experience includes:
- Serving on numerous governmental technical and advisory committees, including committees which developed Wisconsin rules implementing the federal Great Lakes Water Quality Initiative and the state’s mercury strategy.
- Advising clients in connection with water withdrawals and diversions, including issues arising under the Great Lakes-St. Lawrence River Basin Water Resources Compact and implementing state legislation.
- Representing a client in successfully obtaining a “§316(a)” alternative effluent limitation for a thermal discharge to Lake Michigan. The case included a demonstration that the alternative thermal effluent limitation was protective of a balanced indigenous aquatic community and involved the successful defense of that demonstration from a third party challenge.
- Representing clients in obtaining regulatory approval of “§316(b)” compliance alternatives for cooling water intake structures (Best Technology Available determinations) at both new and existing facilities, including extensive interaction with federal and state authorities. In one case, the regulatory approval was the subject of extensive administrative and judicial litigation.
- Obtaining a favorable “antidegredation” determination for increased mercury discharges from a state NPDES authority and successfully defending that determination from a third party challenge.
- Successfully defending a third party attack on an air pollution control permit for a major expansion of a client’s facility. The case involved complex issues regarding disputed emissions factors, control efficiencies and the applicability of categorical emission standards.
- Representing a municipal client in the first ever use of Wisconsin’s “Brownfield” law which lead to the redevelopment of an old industrial site and the creation of over 1000 jobs.
Education and Honors
- Marquette University Law School (J.D., cum laude, 1983)
- Marquette University (B.A., 1976)
Bar Admissions
Wisconsin,
1983
Court Admissions
U.S. District Court, Western District of Wisconsin, 1983
U.S. District Court, Eastern District of Wisconsin, 1983
Professional Recognition
Listed in The Best Lawyers In America® (1995-present: Environmental Law).
Martindale-Hubbell AV ® Peer Review Rated .
Selected for inclusion in the 2005-2009 Wisconsin Super Lawyers® lists (Environmental).
Professional and Civic Activities
- State Bar of Wisconsin (Member).
- American Bar Association (Member).
- Federation of Environmental Technologists (Member).
- Metropolitan Milwaukee Association of Commerce (Chair, Environmental Committee).
- Cystic Fibrosis Foundation (Member, Wisconsin Chapter).
Selected Presentations/Publications
- “Managing Environmental Risk in Commercial Real Estate Transactions,” University of Wisconsin-Milwaukee, 2007.
- “Water Update,” Federation of Environmental Technologists, 2007.
- “Technical Assistance Brownfield Training,” National Brownfield Association, 2006.
- “EPA Strategic Plan for Clean and Safe Water,” Wisconsin Manufacturers & Commerce, 2004.
- "The Job Creation Act, Redesigning the Air Program," Quarles & Brady presentation, 2004.
- “Water and SPCC Issues Update," Federation of Environmental Technologists, 2004.
- “Water Law Update," State Bar of Wisconsin, 2004.
- “Wastewater Issues Update,” Wisconsin Chamber of Commerce Foundation, 2004.
- “Wisconsin Wetlands and Water Resources Regulation Conference-State of the Sewer,” CLE International, 2004.
- “Water Update,” The Wisconsin Council of Safety, 2003.
- “Reflections on 30 Years of the Clean Water Act,” Wisconsin Manufacturers & Commerce presentation, 2003.
- “Managing Environmental Risk in Commercial Real Estate Transactions,” University of Wisconsin-Milwaukee presentation, 2003.
- “Water Quality Update,” Federation of Environmental Technologists presentation, 2002.
- “Environmental Concerns for Developers,” National Business Institute presentation, 2001 & 2002.
- “Water Issues Update,” Wisconsin Manufacturers & Commerce presentation, 2000 & 2001.
- “Total Maximum Daily Loads,” Federation of Environmental Technologists presentation, 2000.
- “Great Lakes Water Quality Initiative,” Great Lakes Water Law seminar, 2000.
- “Wisconsin Land Use Seminar,” Quarles & Brady presentation, 2000.
- “Urban Development: New Tools, New Challenges & the Keys to Success,” Quarles & Brady presentation, 1999.
- “Environmental Enforcement: Defense Perspective,” Wisconsin State Bar Association presentation, 1998.
- “Wisconsin Great Lakes Initiative,” Milwaukee Bar Association presentation, 1998.
- “Total Maximum Daily Loads: What do they mean for industry?,” Federation of Environmental Technologists presentation, 1997.
- “Environmental Heresy – A New Brownfields Approach,” Environmental Regulation and Permitting article, 1997.
- “Great Lakes Water Quality Initiative,” Wisconsin Manufacturers & Commerce presentation, 1997.
- “Great Lakes Initiative: Wisconsin Implementation,” Quarles & Brady presentation, 1997.
- “Overview of Selected DNR Water Quality Initiatives,” Quarles & Brady presentation, 1997.
- “Update on the Final Water Quality Guidance for the Great Lakes System,” Quarles & Brady presentation, 1996.
- “Great Lakes Water Quality Initiative,” Quarles & Brady presentation, 1996.
- “Update on the Great Lakes Water Quality Initiative and Other Selected Water Issues," Lorman Environmental Liability seminar, 1995; “Clean Water Update - The Great Lakes Water Quality Initiative,” State Bar of Wisconsin program, 1995.
- “Clean Water Update,” State Bar of Wisconsin program, 1995.
- “Dirty Deeds: Recent Enactments Concerning Contaminated Property – Brownfield Redevelopment,” Quarles & Brady presentation, 1995.
- “Governor Thompson’s Meeting on Clean Air Act Strategy,” Quarles & Brady Environmental Law Memorandum, 1995.
- “Final Water Quality Guidance for the Great Lakes System,” Quarles & Brady Environmental Law Memorandum.
- “Industrial Corridor Corporation Environmental Workshop,” Quarles & Brady presentation, 1995.
- “Defense Considerations in Environmental Enforcement Cases,” Quarles & Brady presentation, 1995.
- “An Update on the Great Lakes Water Quality Initiative,” Lorman Environmental Liability seminar, 1994.
- “Practical Guide to Environmental Management,” Quarles & Brady publication.
- “Allocation of Superfund Liability,” Quarles & Brady Environmental Law Memorandum, 1994.
- “Great Lakes Initiative: Impact on Business Around the Great Lakes,” Federation of Environmental Technologists program, 1994.
- “Regulation of Storm Water Discharge in Wisconsin,” Wisconsin Manufacturers and Commerce program, 1994.
- “Wisconsin’s Land Reclamation Law,” Quarles & Brady program, 1994.
- “Environmental Law Update: Wisconsin Stormwater Discharge Permitting,” Quarles & Brady presentation, 1993.
- “Enforcement Power Under the Federal Clean Air Act Amendments,” Wisconsin Cast Metal Association presentation, 1993.
- “Emerging Issues Under the Clean Water Act Reauthorization and the Great Lakes Initiative,” Corporate Practice Institute program, 1993.
- “Regulatory Update: State and Federal Initiatives to Control Toxic Water Discharges,” State Bar of Wisconsin program, 1993.
- “Update: Wastewater Regulation of Direct and Indirect Discharges,” Federation of Environmental Technologists program, 1993.
- “Great Lakes Water Quality Initiative: An Overview,” Quarles & Brady presentation, 1993.
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