Todd C. Fracassi is a partner in the Environment and Energy Practice Group of Pepper Hamilton LLP, resident in the Detroit office. He also is a member of the firm’s Sustainability, CleanTech and Climate Change Team. Mr. Fracassi is engaged primarily in matters of environmental litigation and regulatory affairs, and corporate environmental counseling.
Mr. Fracassi represents clients in a broad range of environmental matters, including environmental compliance and permitting, mergers and acquisitions, brownfield redevelopment, remediation obligations under Comprehensive Environmental Response, Compensation and Liability Act (CERLA), Part 201 of the Michigan Natural Resources and Environmental Protection Act (Part 201) and other state remediation statutes and regulations, due diligence and site assessments, regulatory enforcement matters, and handling various environmental matters in real estate transactions. He also has spoken on brownfield development, CERCLA and Resource Conservation and Recovery Act (RCRA) environmental issues arising out of bankruptcy and foreclosure, the use of environmental insurance in transactions, and the Uniform Environmental Covenants Act.
Representative engagements in which Mr. Fracassi has been involved include:
- representing manufacturing companies at CERCLA and RCRA sites, and sites involving parallel state statutes
- serving as common counsel for municipalities at a Part 201 site
- serving as common counsel for multiple PRPs at Superfund sites in Michigan
- serving as counsel for industrial clients at Part 201 sites
- advising corporate clients in connection with environmental matters arising in large and small transactions (mergers, acquisitions, real estate transactions, etc.)
- representing industrial entities in self-implementing cleanups, operating permits and general regulatory advice
- representing a major utility at former manufactured gas plant sites and former gas storage fields, including potential clean up under Part 201
- representing individual clients and trade associations in advocating environmental policies and commenting on proposed state and federal rulemaking, including proposed changes to Part 201
- serving as counsel to a brownfield redevelopment authority
- representing unsecured creditors committee to resolve multiple environmental claims
- representing client in the defense of USEPA enforcement action under the Clean Water Act
- serving as common counsel for PRPs in the defense of USEPA CERCLA cost-recovery suit
- represented public entity in a criminal investigation involving the Clean Water Act
- advised municipality with regard to demolition program and NESHAP implications
- assisted clients in purchasing a RCRA corrective action sites out of bankruptcy, while limiting potential liabilities
- assisted in the defense of citizen lawsuit regarding groundwater nuisance claim
- assisted in the defense of toxic tort lawsuit assisted in the representation of numerous corporate and developer clients in
- negotiations concerning real estate acquisitions, sales and commercial leases.
Before joining Pepper, Mr. Fracassi was an associate with an environmental consulting firm, where he advised public and private clients on environmental and land use planning matters. This included extensive impact and mitigation evaluations under the National Environmental Policy Act for municipal, airport authority, and state and federal governmental agency projects, including for State Transportation Departments and the Federal Aviation Administration. Projects included runway extensions, highway and ramp expansion/location/relocation, and bridge replacement.
Mr. Fracassi is a member of the Environmental Law Sections of the Michigan and the American Bar Associations. He serves on ABA’s Smart Growth Committee, the Michigan Manufactures Association Environmental Policy Committee, and the Michigan Association of Environmental Professionals. Mr. Fracassi is listed in The Best Lawyers in America and was selected for inclusion on the 2008-2011 Michigan Rising Stars lists.