Frank J. Deveau

For over 35 years, Frank has represented clients in relation to all aspects of environmental law. He serves as chair of Taft’s Environmental Practice and his services include advising or representing clients in relation to the following:

• Environmental litigation involving private parties and federal and state government.
• Issues relating to PFAS liability.
• Counseling and negotiating environmental issues related to mergers and acquisitions, including transactions involving traditional and alternative energy production and biogas production.
• Carbon sequestration and related pipeline issues.
• Administrative proceedings, obtaining and maintaining compliance with solid and hazardous waste permits, air permits, water discharge permits, CAFO and CFO permits.
• Real estate transactions including brownfields and projects ranging from multi-million dollar industrial sites to commercial properties.
• Insurance recovery to pay for the remediation of contaminated sites and the defense of claims involving environmental issues.
• Superfund/CERCLA cases throughout the US, including serving as common counsel in cases involving multiple PRPs.
• Toxic tort litigation.
• Mediating litigation involving environmental and insurance disputes.
• Helping anti-microbial and disinfectant product manufacturers, distributors and retailers comply with state and federal laws governing the marketing and sale of these products. This includes management of SARS-CoV-2/COVID-19 claims pursuant to EPA’s interim and emergency coronavirus guidance (e.g., List N).

Frank also has been retained as an expert witness in numerous insurance related and environmental matters.

• Gary/Chicago International Airport Authority v. Honeywell International Inc. 2020 WL 736090 (N.D. Ind. 2020)
• Old Republic v. Gary/Chicago International Airport, 2016 WL 3971663 (N.D. Ind. 2016)
• Schuchman/Samberg Investments Inc. v. Hoosier Penn Oil Co., Inc. 58 N.E.3d 241 (Ind. Ct. App. 2016)
• Anthony Wayne Corp. v. Elco Fastening Systems, LLC, 2016 WL 687887 (N.D. Ind. 2016)
• C.W. ex rel. Wood v. Textron, Inc., 807 F. 3d 827 (7th Cir. 2015)
• KB Home Indiana Inc. v. Rockville TBD Corp., 928 N.E.2d 297 (Ind. Ct. App. 2010)
• Samuel Neal, et al. v. William J. Cure, et al., 937 N.E.2d 1227 (Ind. Ct. App. 2010)
• Sanyo North America Corporation v. Avco Corporation et al., 2008WL1095 (S.D.Ind. 2008)
• City of Martinsville v. Masterwear Corp., 2006 WL 2710628 (S.D.Ind. 2006)
• United States Fidelity & Guaranty Insurance Co. v. Hartson-Kennedy Cabinet Top Co., 857 N.E.2d 1033 (Ind. Ct. App. 2006)
• Reed v. Plan Comm’n, 831 N.E.2d 734 (Ind. 2005)
• Indiana Dept of Natural Resources v. Newton County, 802 N.E.2d 430 (Ind. 2004)
• CBS, Inc. v. Henkin, 803 F.Supp 1426 (N.D.Ind. Oct. 7, 1992)
• U.S. v. Distler, 803 F. Supp. 46 (W.D.Ky. 1992)
• Pantry, Inc. v. Stop-N-Go Foods, Inc., 796 F. Supp. 1164 (S.D.Ind. 1992) and 777 F. Supp. 713 (S.D.Ind. 1991)
• GL Industries of Michigan v. Forstman-Little, 800 F. Supp. 695 (S.D. Ind. 1991)
• U.S. v. Seymour Recycling Corp., 679 F. Supp. 859 (S.D.Ind. 1987) and 618 F. Supp. 1 (S.D.Ind. 1984)

Publications include, among others:

• The Bona Fide Prospective Purchaser Defense in CERCLA: A Guide for Lawyers, Second Edition (ABA Publishing, 2022)
• The Indiana Guide to Underground Storage Tanks (Published by the Indiana Chamber of Commerce) which has been utilized by the Indiana Department of Environmental Management and private practitioners throughout Indiana
• The Bona Fide Prospective Purchaser Defense: A Guide for Lawyers (ABA Publishing 2013)
• Environmental Liability and Insurance Recovery (ABA Publishing 2012)
• The Application and Regulation of Institutional Controls in Indian in Implementing Institutional Controls at Brownfields and Other Contaminated Sites (ABA Publishing 2012)