Jennifer J. Sackett PohlenzJennifer Sackett Pohlenz Clark Hill
Jennifer J. Sackett Pohlenz
Jennifer J. Sackett Pohlenz helps people with strategic decisions related to the environment. From commercial development, clean air and water concerns, renewable energy projects, to waste management, she advises clients as respects transactional, regulatory, administrative, and litigation matters.
She represents local governments, private and publicly traded corporations, and individuals. Jennifer regularly advises clients concerning many of the environmental federal and state regulations and laws concerning land, air and water, such as CERCLA, RCRA, AHERA, NESHAP, the Illinois Environmental Protection Act, Illinois Public Utilities Act, and 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 has received an "AV Preeminent" Peer Review Rating from Martindale-Hubbell, the highest possible rating for skill and professionalism as reported by other lawyers.
Jennifer appears before local governments, the Illinois Pollution Control Board, and Illinois Appellate Courts concerning 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, she 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)
Jennifer also writes and speaks about current environmental and energy issues. For example:
- “Power Principals for Solar Contracting”, Illinois Municipal Review (January 2019)
- "Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities", Illinois State Bar Association Real Property Newsletter, Vol. 55, No. 6 (May 2010)
- "The ‘Chicago’ Green Code", Green Space Today Online Publications, 2009