Peggy Crane devotes her practice to environmental law, including landfill siting, permitting, compliance, cleanup and corporate and real estate transactions.
Ms. Crane assists her clients in obtaining various environmental permits and approvals, including stormwater, wetlands, air, and hazardous waste permits under the Clean Air Act, Clean Water Act and RCRA, as well as state statutes.
Ms. Crane also represents her clients in CERCLA matters, including cleanup of complex sites and cost recovery litigation, as well as obtaining settlements from USEPA.
In addition, Ms. Crane handles a wide variety of transactional matters, focusing primarily on real estate transactions involving contaminated properties (brownfields redevelopment), as well as handling general environmental due diligence for real estate and corporate transactions.
Finally, Ms. Crane has experience in OSHA and related matters.
Ms. Crane joined Hinshaw & Culbertson LLP in May 2013. Previously she was with Perkins Coie LLP in its Environment, Energy, and Resources Group for 11 years.
Honors & Awards
- In addition to her other law school accomplishments, Ms. Crane was a member of the Order of the Coif.
- Ms. Crane is included in "The Best Lawyers in America®" in the area of Environmental Law (2013–2017).
- From 2014-Present, Ms. Crane has been included on the Illinois Rising Stars list.
- From 2010 to 2013, Ms. Crane was included on the Rising Stars list by Oregon Law & Politics.
Ms. Crane works closely with her clients from beginning to end, assisting from the early stages of obtaining permits and siting approvals, through compliance and enforcement, to cleanup of contaminated properties. She has assisted with numerous successful landfill siting applications and has successfully defended challenges to siting approvals before the Illinois Pollution Control Board, Circuit Courts, and Appellate Court. She has also helped hazardous waste facility clients obtain necessary air permits and has assisted with compliance issues. She has supported numerous clients' efforts to obtain state and federal wetlands (§ 404) permits and their accompanying state water quality certifications under § 401. She also assisted with the numerous modifications of the hazardous waste permit required by a complex industrial facility. In the area of compliance, Ms. Crane has negotiated numerous state and federal enforcement actions against facilities and assisted with permitting and compliance issues for a variety of petroleum refineries' air permits.
Ms. Crane works alongside clients to craft strategies to clean up contaminated properties under CERCLA and provides support to secure site closure, working with technical consultants and state agencies to resolve issues and formulate mutually agreeable solutions. A selection of Ms. Crane’s representative matters includes:
Environmental Permitting, Compliance and Cleanup
- Assisted landfill clients with the site approval.
- Assisted landfill clients with state enforcement actions, leading to successful negotiation of consent decrees.
- Assisted with application for and receipt of Title V permit for complex industrial incineration facility, including extensive negotiations with state regulators regarding permit terms.
- Counseled incineration and petroleum refinery clients on MACT requirements.
- Counseled clients on compliance testing requirements, from review of test plans through compliance testing and submission of NOC/DOC.
- Negotiated with state and federal agencies to resolve a wide variety of enforcement matters in various permitting contexts, including Title V, RCRA, and NPDES.
- Assisted clients with investigation and remediation of uplands and sediments of a waterfront industrial site (including all stages of RI/FS, RD/RA, consent judgment and all related permitting, such as stormwater and ACOE permits) to facilitate conversion of the area to commercial and residential uses.
- Assisted with site investigation, and upland and sediment remediation for a barge building site and negotiated site's successful sale to third party that included purchase agreement and first settlement under CERCLA by the U.S. Environmental Protection Agency in Portland Harbor of all federal liability for a selling party.
- Lead counsel to a manufacturer in multi-party investigation and remediation of uplands and sediments of a complex, contaminated industrial waterfront site. Negotiated significantly reduced share of liability for cleanup.
- Assisted a major soft drink manufacturer in successfully obtaining state wetlands and § 404 permits.
- Conducted environmental due diligence, and assisted with purchase agreement negotiations, land use issues and permitting for a waste disposal company in the acquisition of multiple compost, recycling and waste operations. Assisted client with permitting to facilitate expanding operations.
- Represented a church in the purchase of a former dry cleaning facility in Oregon, including negotiation of a state Prospective Purchaser Agreement and an agreement for the post-closing remediation of the property by the seller.
- Assisted with ongoing representation of a mining company in wetlands and other Clean Water Act permitting matters.
- Assisted with successful defense of landfill siting approvals before the Illinois Pollution Control Board, Circuit Courts, and Appellate Court.
- Acted as lead counsel for an operator of a chemical weapons incinerator, which included defense against TRO and PI motions, successful summary judgment, and appeal defense, and was integrally involved with two prior extended bench trials. She handled all appellate briefing and oral argument for the most recent case, which was in 2012 upheld in her client's favor by the Oregon Court of Appeals. All litigation addressed RCRA and Clear Air Act permit challenges and resulted in a favorable verdict for client, successful defense of all permits and uninterrupted processing of chemical weapons stockpile. (Multnomah County Circuit Court (Oregon)
- Substantively involved in CERCLA cost recovery litigation related to a large, complex industrial waterfront site with historic contamination.
- Primary plaintiffs' counsel in action related to asbestos contamination of subdivision; case involved Racketeer Influenced & Corrupt Organizations Act, fraud, CERCLA, punitive damages and emotional distress and settled very favorably. (U.S. District Court, District of Oregon)
Ms. Crane's publications include:
- "Environmental Compliance in the Context of ERM," Enterprise Risk Management Handbook for Healthcare Entities (Third Edition), American Health Lawyers Association, 2017.
- "Injunctions and Other Forms of Relief," co-author, Federal Civil Litigation in Oregon (2002 Cumulative Supplement).
- "Fifth Circuit Declines to Supplement DOHSA With a State Survival Action: Jacobs v. Northern King Shipping Co.," co-author, 75 Tulane Law Review 231 (2000).
- January 24, 2017
- August 15, 2016
- August 17, 2015
- August 19, 2014
- November 1, 2013
- May 22, 2013
- Serves on the Board of Directors of Love 146, non-profit international human rights organization that works toward the abolition of child sex trafficking and exploitation through advocacy, prevention, and aftercare.
- Acts as a Director for a family charitable giving foundation.