Mark R. Ter Molen is a litigator and environmental lawyer with a particular emphasis on large environmental tort cases involving hundreds if not thousands of claimaints and complex environmental and general civil matters.
For 30 years, Mark has represented clients in: complex federal and state trials and appeals, including putative class actions; complex environmental trials and appeals, including governmental enforcement as well as private party litigation; and environmental regulatory hearings and appeals conducted before state and federal agencies.
He also provides general corporate counseling on environmental compliance issues and environmental concerns in the context of corporate transactions; supervises environmental remediations pursuant to various state and/or federal requirements; and conducts condemnation and property valuation actions.
Mark is the co-chair of Mayer Brown’s Environmental Litigation group, which was named as one of the “Environmental Litigation Groups of the Year” by Law 360. Mark is also the former chair of Mayer Brown’s mass tort litigation group.
He has been listed among The Best Lawyers In America (2017-2019), in the fields of Environmental Law and Environmental Litigation for the third consecutive year, and in 2014, Mark was named a “Client Service All-Star” by BTI Consulting, which identified just 330 lawyers nationwide as providing exceptional service, based on client interviews.
Among other accolades, Mark has been selected repeatedly as a Leading Lawyer in Environmental Law and Toxic Tort Defense Law by the Law Bulletin Publishing Company’s Leading Lawyers Network; as an Illinois “Super Lawyer;” and is listed in Chambers USA, “America’s Leading Lawyers for Business” directory, the Legal 500 for litigation, and various other allegedly prestigious lawyer rating services.
In 1996, Mark was honored with the Illinois State Bar Association’s John C. McAndrews Pro Bono Service Award for outstanding pro bono work in the state for his work in reversing the conviction of a man on Illinois’ death row and subsequently establishing his actual innocence.
- Cornell University, AB, magna cum laude
- The University of Chicago Law School, JD
- US Court of Appeals for the Seventh Circuit
- US District Court for the Northern District of Illinois
- Founding president of Baker Demonstration School, a 400 student pre-K through 8th grade independent school in Wilmette, Illinois, 2003 to date
- Various church and municipal volunteer positions
- American Bar Association, Standing Committee on Environmental Law, Section on National Resources
- Illinois State Bar Association
- Flint Water Litigation. Ongoing – representing Veolia Environnement in the substantial litigation in state and federal court alleging damages associated with exposures to lead and Legionella bacteria resulting from the Flint, Michigan, water crisis.
- Nicor Gas Co. v. Wisconsin Central LTD. Represented Nicor in this successful preliminary injunction action in Cook County related to efforts by Nicor to reconnect a major gas line that ran beneath Wisconsin Central railroad tracks in time for the winter heating season.
- Hamilton-Warwick v. Volkswagen Group et al. Ongoing – representing BMW in this lawsuit seeking damages associated with the alleged use of monkeys in testing for the toxicity of diesel vehicle emissions.
- Metropolitan Water Reclamation District of Greater Chicago v. Northern Illinois Gas Company, et al. Successfully resolved litigation brought by the Metropolitan Water Reclamation District against Nicor and ComEd/Exelon regarding clean up of 18-acre parcel that was formerly the site of a manufactured gas plant. (Fall 2011).
- Gray, et al, v. Derderian, et al. Won summary judgment on all claims on behalf of defendant in tragic “Station Fire” litigation arising out of Providence night club fire that killed and injured over 400 individuals. (Spring 2008).
- Governmental Cost Recovery Claims. Represents clients in federal and state courts in suits seeking to recover environmental cleanup costs, including dealing with issues of allocation and appropriate remediation, as well as with national resource damages claims.
- Administrative Actions. Represented clients in numerous environmentally-related agency proceedings, including administrative enforcement actions, permit hearings and appeals, and variance requests before the Illinois Pollution Control Board, and permit appeals and administrative enforcement actions before the United States Environmental Protection Agency.
- General Environmental Counseling. Counsels a variety of clients on all aspects of environmental law, including wetlands, permitting issues, hazardous waste disposal, climate change, and general liability risks.
- Civil Rights Litigation. Prosecuted claims for violation of rights and wrongful imprisonment under federal civil rights laws and state counterpart tort claims, including Jimerson v. Capelli, et al., which resulted in a $36 million settlement for malicious prosecution and wrongful imprisonment.
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