Susan Brice has more than 17 years of experience in science-based laws, including environmental law, food law and energy law. She regularly handles environmental, toxic tort, food law and product liability litigation in federal and state courts; routinely advises on environmental and food regulatory issues; and has substantial experience handling regulatory aspects of major transactions, including mergers and acquisitions, public/private partnership ventures and renewable energy deals.

Ms. Brice has experience in all major aspects of environmental law, including handling significant Clean Water Act, CERCLA, RCRA, Clean Air Act, chemical exposure and project development disputes. Before joining the firm, Ms. Brice was co-leader of the environmental action group at another international law firm in Chicago.

Ms. Brice is the co-lead of our Toxic Tort Group as well as our Food and Beverage Team.

Select Representations

Environmental, Toxic Tort, Food Law and Product Liability Litigation

• Represented clients in USEPA enforcement actions, including matters involving Notices of Violation under the Clean Air Act, Consent Decrees under the Clean Water Act and multi-million dollar cleanup orders under CERCLA.
• Represented various clients in cases challenging the reach of the Clean Water Act, including the federal government's NPDES, Total Maximum Daily Load ("TMDL") and wetlands programs.
• Represented clients in multi-plaintiff tort and contract suits alleging personal injuries, property damages and punitive damages stemming from historic operations, including clients in the railroad and heavy industrial and manufacturing industries.
• Represented numerous clients in private CERCLA, mini-CERCLA and state tort litigation involving a wide range of chemicals, including petroleum hyrdocarbons, chlorinated solvents (TCE, TCA, DCE and vinyl chloride) and mercury.
• Represented food company that discovered its product had been contaminated by third party prior to sale.
• Successfully developed and executed strategy to prevent any health hazards, mitigate risk, investigate causation and scope, comply with regulatory requirements and provide appropriate notifications. Company recovered multi-million dollar loss.
• Represented companies in cases involving claims of “bronchiolitis obliterans syndrome” (otherwise referred to as “popcorn lung”) allegedly caused by the naturally-occurring chemical diacetyl.
• Represented client in case turning on the meaning of "solid waste" under RCRA.
• Represented client in case alleging death as a result of exposure to ethyl benzene.
• Served as national coordinating counsel for clients on asbestos litigation.
• Represented client in litigation involving explosion and fire at petroleum refinery.
• Represented client in case alleging client's product contributed to spread of fire in a nightclub.

Regulatory Issues in Transactions

• Handled environmental aspects on billion dollar corporate transactions.
• Managed and negotiated environmental aspects of large public-private partnership transactions, including serving as lender's/underwriter's environmental counsel for the winning bidder on the multi-billion dollar Denver Fastracks infrastructure project.
• Advised developers and investors on siting, permitting, building and operating renewable energy and clean tech projects, including NEPA compliance, Endangered Species "take" issues and wetland impacts.
• On an ongoing basis, negotiate environmental terms of deal documents and conduct environmental due diligence for purchasers, sellers and lenders, including handling environmental components of multi-billion dollar corporate transaction with industrial sites across the world.

Environmental/Regulatory Compliance

• Counseled clients on defending Natural Resource Damages claims.
• Counseled clients on triggering NEPA and defending against claims.
• Counseled clients on indoor air contamination issues, including implementing mitigation measures.
• Counseled clients on FDA and USDA regulatory issues, including compliance with the Food Modernization Safety Act, labeling questions and avoiding litigation.
• Counseled clients on recall issues involving food and consumer products.
• Counseled clients on regulatory and legal risks associated with contaminated products.
• Counseled clients regarding the scope and application of the Total Maximum Daily Load, NPDES, water quality standards (including anti-degradation policies), and jurisdictional provisions of the Clean Water Act.
• Counseled a client on wetlands issues involved in the construction of a landfill, including assistance in negotiating with the US EPA and the Army Corps of Engineers.

Bar and Court Admissions

Illinois, 1995

United States Courts of Appeals for the Seventh and District Of Columbia Circuits

United States District Court for the Northern District of Illinois

Education

Georgetown University, J.D., cum laude, 1995

Northwestern University, B.S.J., with distinction, 1992

Publications

• Co-author, “Fractured US Supreme Court Reins in Army Corps of Engineers’ Wetlands Program,” Real Estate Finance Journal, Fall 2006
• Co-author, “Do Environmental Laws Regulate Commerce?” Natural Resources and Environment, Summer 2002
• “Convention on the Rights of the Child: Using a Human Rights Instrument to Protect Against Environmental Threats,” Georgetown International Environmental Law Review, Spring 1995

Professional Affiliations

• Federal Bar Association, Chicago Chapter, Board of Directors, 1997-2005

Civic Involvement and Honors

• The Best Lawyers in America, Environmental Law, 2013
• Recognized by Chambers USA, 2012
• Illinois Leading Lawyers, Environmental and Products Liability Defense Law, 2012