Partner

Mark R. Ter Molen

Product Liability & Mass Torts, Chemicals, Litigation & Dispute Resolution

"He is fantastic, has an incredible amount of expertise and a vast skill set."

"Is very knowledgeable and aggressive on behalf of the client while maintaining a calm and collegial demeanor…an expert in his field in environmental matters and always does a great job for us." 

Chambers USA

Overview

Mark Ter Molen serves clients on large environmental tort cases involving hundreds, if not thousands, of claimants, as well as other complex environmental and general civil matters. For over 30 years, Mark has counseled and represented clients in complex federal and state trials and appeals, including putative class actions; complex environmental trials and appeals, including governmental enforcement, as well as private party litigation; and environmental regulatory hearings and appeals conducted before state and federal agencies. He also provides general corporate counseling on environmental compliance issues and environmental concerns in the context of corporate transactions, supervises environmental remediations pursuant to various state and/or federal requirements, and conducts condemnation and property valuation actions.

Experience

  • U.S. Sugar Litigation. Ongoing – Acting as lead counsel for U.S. Sugar Corporation in defending a putative class action alleging that the industry's practice of burning sugar cane fields before harvesting causes personal injury and primary damage.
  • Secured a trial victory for Nicor in a suit brought by the City of Evanston, IL alleging that contamination caused by Nicor migrated into the city and contaminated its water mains, putting the health of the city's 77,000 residents at risk. The city demanded an injunction that would require Nicor to conduct a detailed study and to prepare to replace miles of aging city water mains at a cost of hundreds of millions of dollars. After a two-week trial that included more than 10 experts, a federal trial court ruled in favor of Nicor, determining that there was no evidence that the water mains were contaminated by Nicor and no evidence that the city's water posed a risk to its residents.

Recognition

  • Band 2: Environment: Litigation - Chambers USA

Education

  • Cornell University, AB, magna cum laude
  • The University of Chicago Law School, JD

Admissions

  • Illinois

Courts

  • US Court of Appeals for the Seventh Circuit
  • US District Court for the Northern District of Illinois

Professional & Community Involvement

  • Founding president of Baker Demonstration School, a 400 student pre-K through 8th grade independent school in Wilmette, Illinois, 2003 to date
  • Various church and municipal volunteer positions
  • American Bar Association, Standing Committee on Environmental Law, Section on National Resources
  • Illinois State Bar Association
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