Agenda Cover Memorandum

Rev 03/01/2013

Meeting Date: June 3, 2013 Meeting Type: COW (Committee of the Whole) City Council Budget Workshop Item Title: O’Hare Airport Commission SEIS Next Steps Action Requested:

Approval

For discussion

Feedback requested

For your information Staff Contact: Shawn Hamilton, City Manager Phone Number: 847-318-5205 Email Address: shamilto@parkridge.us Background: On April 17, 2013, the FAA denied the City’s second request for a Supplemental Environmental Impact Study (SEIS). Jim Argionis, Chairman of the O’Hare Airport Commission, has invited the author of the City’s requests, Hinshaw & Culbertson LLP, to talk with the City Council regarding possible next steps toward achieving an SEIS. Recommendation: Budget Implications: Does Action Require an Expenditure of Funds: Yes No If Yes, Total Cost: If Yes, is this a Budgeted Item:

Yes No Requires Budget Transfer If Budgeted, Budget Code (Fund, Dept, Object) Attachments:

• October 1, 2012 cover memo • April 17, 2013 letter from FAA • Curricula vitae of Hinshaw & Culbertson LLP attorneys Richard S. Porter and Charles F. Helsten

Agenda Cover Memorandum

Rev 04/09/12

Meeting Date: October 1, 2012 Item Title: Response to Federal Aviation Administration’s February 23, 2012 Letter

Addressing Park Ridge’s Request for Supplemental Environmental Impact Study

Action Requested:

Approval For discussion Feedback requested For your information Staff Contact: Shawn Hamilton, Acting City Manager Phone Number: 847/318-5206 Email Address: shamilto@parkridge.us Background: On August 16, 2010, Steven Taber of Taber Law Group of Irvine, California, presented to the City Council his memorandum of options for Park Ridge related to noise and air quality issues created by the expansion of O’Hare International Airport. On March 7, 2011, the City Council approved an amount not to exceed $2,400 for Mr. Taber to send a request to the Federal Aviation Administration (FAA) for a supplemental Environmental Impact Study (SEIS) on behalf of Park Ridge. On May 25, 2011, the City received notification of Taber Law Group’s withdrawal from representation of the City of Park Ridge in relation to any matter concerning the O’Hare Modernization Program. There was no charge for services or advice already rendered. The City then contracted with Hinshaw & Culbertson LLP in Rockford, Illinois, who agreed to send a request to the FAA on behalf of Park Ridge for an SEIS, and accept the payment already approved by the City Council. This request was sent to the FAA on October 25, 2011. On February 23, 2012, the FAA responded with a 10-page letter stating that, “the FAA has not been provided sufficient information to warrant the preparation of a supplement to the O’Hare Modernization Final Environmental Impact Statement (FEIS).” On March 20, 2012, Hinshaw & Culbertson LLP provided to the O’Hare Airport Commission an outline of the “FAA’s omissions to air quality impacts” and recommended drafting a response to the FAA’s February 23, 2012 letter in order to address the issues that the FAA failed to address in its letter (a copy of Hinshaw & Culbertson LLP’s March 20, 2012 letter is attached). The FAA also ignored Park Ridge’s request for a meeting with the FAA to discuss the environmental issues relating to Park Ridge. Additionally, contrary to what was shown in the EIS, there will now be a 65-acre site on the northeast side of the airport (the old military installation), which will hold five cargo buildings of varying sizes, mostly in the hundreds of thousands of square feet per building. This development may also support a request for an SEIS as the size of the facility and proximity to Park Ridge may produce significant noise and emissions impacts. Hinshaw & Culbertson LLP has agreed to draft a response to the February 23, 2012 FAA letter on behalf of the City to address the issues ignored by the FAA and, where possible, to include the cargo facility plans to protest the denial for an SEIS to the Director of the FAA. Such a response letter on behalf of the City is directed at receiving a substantive and complete response to the environmental impact issues set forth in the City’s October 25, 2011 letter to the FAA in hopes of obtaining an SEIS to assess the current environmental impact on air quality over Park Ridge given the changed circumstances that have occurred since the outdated 2005 EIS. At a minimum, the response should assist in obtaining a formal meeting

Agenda Cover Memorandum

Rev 04/09/12

with the FAA (as was requested in the City’s October 25, 2011 letter but ignored in the FAA’s February 23, 2012 response) to address Park Ridge’s concerns and to open a dialogue with the FAA to address those concerns going forward. The Committee of the Whole approved this request at its July 9, 2012 meeting with the caveat it not exceed $2,100. The City Council approved the request on July 16, 2012. The law firm of Hinshaw & Culbertson LLP has completed the draft response. The O’Hare Airport Commission reviewed this at its September 19, 2012 meeting and is in favor of its being sent to the FAA. Recommendation: Approve the response letter to FAA’s February 23, 2012 letter relating to Park Ridge’s October 25, 2011 request for a supplemental Environmental Impact Study. Budget Implications:

Does Action Require an Expenditure of Funds: Yes No If Yes, Total Cost: If Yes, is this a Budgeted Item: Yes No If Budgeted, Budget Code (Fund, Dept, Object) Attachments:

• Draft response letter to FAA

Practice Areas Environmental Law Environmental Litigation Regulatory Commercial Litigation Appellate Law Administrative Law Industries Government Education J.D., cum laude, Southern Illinois University School of Law, 1992; Managing Editor, Southern Illinois University Law Journal; Captain, Environmental Law Moot Court Team; Member, Order of Barristers B.S., Finance, Illinois State University, 1988 Admissions Illinois (1992) U.S. District Court, Northern District of Illinois (1992)

Richard S. Porter Partner, Rockford 815-490-4920 rporter@hinshawlaw.com Practice Focus and Client Representations Richard Porter represents municipalities and business enterprises in environmental law and litigation, and in general commercial and insurance defense litigation. Mr. Porter's environmental practice includes experience with CERCLA, NEPA, RCRA, Clean Air Act, Clean Water Acts, Phase I and II reports, TACO program, Brownfields programs, NPDES permitting, environmental impact studies, Superfund litigation, underground storage tanks, toxic tort actions, indoor air quality, asbestos abatement and solid waste management. Mr. Porter has represented businesses, municipal entities and individuals in personal and enforcement actions, and responds to and defends against violation notices from the EPA, the IEPA, and the Office of State Fire Marshall. Mr. Porter has appeared in state, federal and appellate courts and in hearings before the Illinois Pollution Control Board on environmental issues. He is particularly experienced in handling disputes, applications, hearings, litigation and appeals involving proposed land uses, including wind turbines, landfills, transfer stations, river ports, airports, heliports, quarries, pipelines and ethanol plants. Representing businesses and municipalities in commercial litigation, Mr. Porter has been lead counsel on bench, jury, appellate, and administrative actions arising out of contracts, warranties, negligence, fiduciary duties, business torts, mechanics liens, unfair competition, Uniform Deceptive Trade Practices Act, misappropriation, defamation, securities fraud, fraud-in-the-inducement, non-competition clauses, real estate actions, contractual litigation, insurance coverage, eminent domain actions, trademark and trade dress infringement, workers' compensation and unemployment compensation. He has also handled litigation involving premises liability, products liability, automobile liability, insurance coverage, breach of contract and professional malpractice cases. Reflecting his regulatory practice, Mr. Porter is experienced at helping clients comply with and defend actions involving OSHA, environmental and zoning regulations. In addition to jury and bench trials, Mr. Porter handles appeals and administrative actions. His appellate practice includes drafting briefs and presenting oral argument in several Illinois District Courts and the Illinois Supreme Court. He has also taken and defended hundreds of depositions of parties, witnesses and experts. Mr. Porter’s alternative dispute resolution experience includes arbitrations, mediations and negotiations, and he is an arbitrator for the Seventeenth Judicial Circuit in Illinois.

Professional Background Mr. Porter joined Hinshaw & Culbertson LLP in June 1992. He has been recognized by his peers as a Leading Lawyer in the category of Environmental Law. In addition, he has been rated by Martindale-Hubbell for ethics and legal ability. Publications and Presentations Mr. Porter has published a number of articles and chapters on environmental issues, including: • “Environmental Compliance in the Context of ERM,"

Enterprise Risk Management Handbook for Healthcare Entities (Second Edition), American Health Lawyers Association, 2013.

• “Environmental Compliance in the Context of ERM," Enterprise Risk Management Handbook for Healthcare Entities (First Edition), American Health Lawyers Association, 2009.

• “Comment, Environmental Law: Application of the Responsible Corporate Officer Doctrine to the Resource Conservation and Recovery Act,” 16 S.I.U.L.J. 687 (1991).

• “Case Note: Extraterritorial Application of Title VII in Bourselan v. Aramco,” 15 S.I.U.L.J. 645 (1991).

He has also spoken on environmental law issues, including: • "Environmental Compliance for Healthcare Entities: Is Your

Environmental Management System in Shape?" Hinshaw's Health Care Webinar Series, May 2013.

• “Current Issues in Wind Turbine Development – Don’t Get Blown Away,” Lorman Education Services, live audiocast, June 2011.

• “Environmental Law Compliance for Health Care Facilities,” Illinois Health Care Association Convention, Springfield, Illinois, September 2006.

• “Environmental Consultant Liability Under the New All Appropriate Inquiry (AAI) Rule," Environmental Data Resources, Inc.'s seminar series, "Due Diligence at Dawn," St. Louis, Missouri, November 2005; Minneapolis, Minnesota, March 2006; and again in Chicago, Illinois, April 2006.

• "Environmental Issues in Land Development," Lorman Education Services seminar, "Zoning and Land Use in Illinois," Rockford, Illinois, September 2005.

• "Environmental Law Update,” Hinshaw’s 2005 Breakfast Seminar Series, Rockford, Illinois, April 2005.

Practice Areas Environmental Law

Environmental Litigation

Audits, Due Diligence and Regulatory Compliance

Real Estate, Brownfields and Site Remediation

Education J.D., with distinction, Drake University College of Law, 1979

B.A., summa cum laude, History and English, Eureka College, 1974

Bar Admissions Illinois (1984)

Iowa (1979) (inactive)

U.S. District Court, Northern District of Illinois (1984)

U.S. District Courts, Southern and Northern Districts of Iowa (1980)

U.S. Courts of Appeals, Seventh (1985) and Eighth Circuits (1980)

U.S. Tax Court (1985)

Charles F. Helsten Partner, Rockford 815-490-4906 chelsten@hinshawlaw.com Practice Focus Charles Helsten has a substantial environmental law practice. He counsels business entities of all sizes on environmental regulation, helping them audit their compliance, and consulting with them on environmental policy in their ongoing operations.

He also represents business clients in contested environmental matters, defending their interests in government compliance and enforcement actions, helping them secure necessary permits and approvals, and handling private contractual disputes over such issues as environmental indemnity/hold harmless clauses.

Mr. Helsten has appeared on behalf of clients before numerous federal, state and local regulatory agencies, tribunals and courts. He has also served as Defendant’s Group liaison counsel and as Steering Committee Chairman at various Superfund sites.

Representative Cases Mr. Helsten holds several important environmental regulatory positions in Illinois local and state government. He serves as Special States Attorney for Environmental Compliance and Enforcement Matters for numerous counties in Illinois. In addition, Mr. Helsten is also Special Counsel to many municipalities in Illinois on environmental matters.

He is a former Special Assistant Attorney General on Environmental Matters with the Illinois Department of Transportation and the Illinois State Toll Highway Authority.

Professional Background Mr. Helsten joined Hinshaw & Culbertson LLP in January 1985. He is the Leader of the firm’s Environmental Practice Group, and was a member of the firm’s Executive Committee from 2006 to 2009.

He served on Illinois Governor Edgar’s first Environmental Task Force. As part of his work with that group, he formulated the Illinois Environmental Amnesty ["Clean Break"] Program.

Mr. Helsten has also served as an Editorial Advisory Board member of the Illinois Environmental Law and Regulation Report. He is a member of the Toxic Torts and Environmental Law National Committee of the Defense Research Institute. In addition, Mr. Helsten serves on four national subcommittees of the American Bar Association Section of Environment, Energy and Natural Resources.

Mr. Helsten has been recognized by his peers as a Leading Lawyer in the categories Governmental, Municipal, Lobbying & Administrative Law, and Environmental Law. In addition, he has been rated by Martindale-Hubbell for ethics and legal ability.

In 2009 and 2010, Mr. Helsten was included in Leading Lawyers Magazine Real Estate, Construction & Environmental Edition’s list of Top Ten Downstate Real Estate-Related Lawyers. In the 2010 Leading Lawyers Magazine Business Edition, Mr. Helsten was included as one of the Top 100 Leading Downstate Business Lawyers in Illinois. In 2005 Mr. Helsten was named to the Super Lawyers list in the area of Environmental/Land Use, by Illinois Super Lawyers magazine.

Publications and Presentations A frequent speaker on environmental law topics, Mr. Helsten regularly appears before professional associations, client groups and firm seminars. His presentations include:

“Are You in Compliance with Environmental Laws?” Life Services Network, 2007 Annual Convention & Exposition, Chicago, Illinois, March 2007.

“Environmental Law Update,” Hinshaw’s 2005 Breakfast Seminar Series, Rockford, Illinois, April 2005.

“Practical Aspects of Brownfields Transactions: How to Get the Job Done,” U.S. EPA Region V Brownfields Conference, Racine, Wisconsin, June 1996.

“The Environmental Winds of Change," National League of Municipalities Annual Meeting, Chicago, Illinois, October 1995.

“Practical Aspects of Consent Decrees and Participation Agreements,” Hinshaw’s Third Annual Insurer Symposium, Chicago, Illinois, November 1991.

“Derivative CERCLA Liability,” National Environmental Claim Managers Association Annual Meeting, Nashville, Tennessee, November 1991.

“Environmental Law: Defense of Hazardous Waste Claims, Property Damage, Personal Injury—A New Look at the Reasonable and Adequate Defense,” Hinshaw’s Missouri/Illinois Insurer Symposium, September 1991.

“Nature and Extent of Environmental Liability: Legal Issues,” Hinshaw’s Environmental Seminar, “The Nature and Extent of Environmental Liability: What Every Corporation Should Know,” Peoria, Illinois, March 1991.

Safety Exposition and Seminar, American Society of Safety Engineers, March 1991.

“Enforcement and Compliance Ramifications of Clean Air Act Amendments,” Environmental Technology Expo, Chicago, Illinois.

Mr. Helsten has also written a variety of environmental law treatises, articles and materials. Examples of his work include:

“The Effect of Aviall on the Vitality of Brownfields Programs,” co-author, “ABA Section on Environment, Energy and Resources Newsletter,” March 2005.

“Illinois’ Underground Storage Tank Program: Past, Present and Future,” Illinois Environmental Law and Regulation Report, 22 January 1996.

“Practical Aspects of Consent Decrees and Participation Agreements,” Materials for Hinshaw’s Third Annual Insurer Symposium, November 1991.

“A CERCLA Overview,” Materials for Hinshaw & Culbertson LLP’s Environmental Seminar, “The Nature and Extent of Environmental Liability: What Every Corporation Should Know,” Peoria, Illinois, March 1991.

"Individual Liability for Corporate Environmental Violations: An Unpleasant Consequence of Obtaining Corporate Control," DePaul Business Law Journal, Fall 1989.

Interview, “Liability of Corporate Officers, Directors and Managers,” Environmental Law in The ‘90s.