Jennifer J. Sackett Pohlenz focuses her practice on commercial development, clean air and water concerns, renewable energy projects, and waste management. Jennifer regularly advises clients on a range of transactional, regulatory, administrative, and litigation matters, assisting them in making strategic business decisions related to the environment.
Jennifer represents local governments, private and publicly traded corporations, and individuals. Jennifer counsels clients on federal and state environmental regulations and laws concerning land, air, and water, such as CERCLA, RCRA, AHERA, NESHAP, the Illinois Environmental Protection Act, the Illinois Public Utilities Act, and the Illinois Natural Area Preservation Act. She has trial experience and understands the business decisions that are considered by clients in a well-negotiated resolution. Jennifer also manages commercial litigation matters for her clients, such as breach of contract and foreclosure actions.
Jennifer appears before local governments, the Illinois Pollution Control Board, and Illinois Appellate Courtsconcerning the siting of pollution control facilities, in matters such as:
• Roxana Landfill, Inc. v. Village Board of the Village of Caseyville, et al., PCB 15-65 & 15-69 (December 18, 2014).
• American Disposal Service of Illinois, Inc. v. County Board of McLean County, et al., PCB 11-60 (August 7, 2014)
• Williamson County ex rel. State’s Attorney Charles Garnati, et al. v. Kibler Development Corporation, et al. PCB 08-93 (July 10, 2008)
• Watson v. Waste Mgmt. of III., Inc., 363 III. App. 3d 1101, 845 N.E.2d 730 (3rd Dist 2006)
• Waste Management of Illinois, Inc. v. Illinois Pollution Control Board, et al., 356 Ill.App.3d 229, 826 N.E.2d 586 (3rd Dist. 2005)
• Karlock v. Waste Management of Illinois, Inc., et al., 361 III.App.3d 992, 839 N.E.2d 128 (3d Dist. 2005)
• Waste Management of Illinois, Inc. v. County Board of Kane County, PCB 03-104 (June 19, 2003)
Some of the issues in Jennifer’s practice have triggered constitutional questions. For example, she has represented clients in a challenge to a permit condition restricting the flow of waste:
• United Disposal of Bradley, Inc. v. The Pollution Control Board, et al., 363 III.App.3d 243, 842 N.E.2d 1161 (3d Dist. 2006)
• Neblock Trucking, Inc., et al. v. Douglas P. Scott, et al., 09 C 1985 (US Dist Ct., ND IL)
In addition to more general commercial contract and foreclosure matters, Jennifer represents clients in contract and negligence litigation related to environmental remediation. An example is Nalco Company v. Environmental Management, Inc., 694 F.Supp 2d 994 (2010).
She also helps candidates in local election law matters, having successfully represented clients in defense to nominating objections and paving the way for their names to be on the ballot:
• Michael Watson v. The Electoral Board of the Village of Bradley, et al., 2013 IL App (3d) 130143 (May 24, 2013)
• Charles Burke v. The Electoral Board of the Village of Bradley, et al., 2013 IL App (3d) 130141 (May 24, 2013)
