Richard Porter

Richard Porter is the leader of the firms national Government Practice Group and a member of the firms Executive Committee. The Government Practice Group is comprised of attorneys that practice in at least one of the following five areas of concentration: Government and Regulatory; Environmental, Land Use, and OSHA; Education Law; White Collar Crime and Investigations; and Appeals. Rick has practiced in all of these areas, emphasizing representing private and public entities faced with litigated and non-litigated environmental, land use, and regulatory issues. Ricks environmental practice encompasses CERCLA, NEPA, RCRA, Clean Air Act, Clean Water Acts, Phase I and II reports, TACO program, Brownfields programs, NPDES permitting, environmental impact studies, Superfund litigation, underground storage tanks, toxic tort actions, indoor air quality, asbestos abatement and solid waste management. He represents businesses, municipal entities, and individuals in civil and enforcement actions. He responds to and defends against violation notices from the EPA, the IEPA, and the Office of State Fire Marshall. Rick has substantial trial experience appearing in state, federal, and appellate courts and hearings before the Illinois Pollution Control Board on environmental issues. He handles disputes, applications, hearings, litigation, and appeals involving proposed land uses, including wind turbines, landfills, transfer stations, river ports, airports, heliports, quarries, pipelines, and ethanol plants. Representing businesses and municipalities in commercial litigation, Rick has served as lead counsel on bench, jury, appellate, and administrative actions arising out of contracts, warranties, negligence, fiduciary duties, business torts, unfair competition, Uniform Deceptive Trade Practices Act, misappropriation, defamation, securities fraud, fraud-in-the-inducement, non-competition clauses, real estate actions, contractual litigation, insurance coverage, eminent domain actions, trademark and trade dress infringement, workers compensation and unemployment compensation. He has also handled litigation involving premises liability, products liability, automobile liability, insurance coverage, breach of contract and professional malpractice cases. In addition to jury and bench trials, Rick handles appeals and administrative actions. His appellate practice includes drafting briefs and presenting oral argument in several Illinois District Courts, the Illinois Supreme Court, and the Seventh Circuit United States District Court. He has also taken and defended hundreds of depositions of parties, witnesses, and experts. Ricks alternative dispute resolution experience includes arbitrations, mediations and negotiations, and he is an arbitrator for the Seventeenth Judicial Circuit in Illinois and has handled American Arbitration Association matters. Rick has significant experience defending clients in the following industries: Construction, Waste Disposal, Government, Manufacturing, Transportation, and Education. For the construction industry, Rick has represented many general contractors and subcontractors and overseen or handled litigated and non-litigated matters involving breach of contract, environmental due diligence and claims, alternative energy, debt collection, mechanics liens, transportation regulatory compliance and litigation, environmental remediation and litigation, notices of violation, AIA contracting and claims, insurance coverage matters, as well as compliance with local, federal and state regulations, and labor and employment issues. Likewise, he has several national and international manufacturing clients who produce consumer goods, industry/manufacturing equipment and goods, electrical equipment, and food, dietary and pharmaceutical goods. He has handled or overseen diverse litigated and non-litigated matters arising from breach of contract claims, UCC compliance, nuisance and land use claims, personal injury and property damage matters, labor issues, regulatory compliance issues, packaging and labeling laws and claims, and inspections of facilities. He has particular experience with environmental remediation; environmental audits, assessments, litigation and has handled and overseen various environmental, land use and energy permitting, contracting, development and remediation projects, suits, and issues for the manufacturing sector. Ricks education law practice includes representing public, private, and religious schools and school districts and institutions on matters arising from public purchasing and bidding, energy and environmental issues, contracts, due diligence, land use, purchasing, and regulatory compliance. He has personally drafted regulatory compliant Requests for Proposals (RFPs) and Requests for Qualifications (RFQs) for goods and services for such entities and drafted contracts for such goods and services. He is well-versed in cell tower, alternative energy (solar, wind and natural gas), power purchase agreements, environmental remediation contracts and issues. He has significant experience with Freedom of Information Act and Open Meetings Act compliance. Rick has represented educational entities as plaintiffs and defendants in litigation in various venues and handled numerous negotiations with private and public parties on behalf of his education clients. Similarly, for his governmental clients, he handles matters for counties, cities, incorporated and unincorporated townships, park districts, school districts, airport authorities, and other governmental entities and taxing bodies and their employees and elected officials with a particular emphasis on regulatory compliance, environmental and energy matters, eminent domain, compliance and handling of open and closed meetings and hearings, responding to Freedom of Information Act Requests, and gaming and sweepstakes law. Rick has personally drafted many local ordinances for governmental entities, particularly in relation to Wind Energy, Pollution Control and Waste Facilities, Nuisance, Cost Recovery, and Zoning and Public Hearing ordinances. He has acted as counsel at public meetings and as a hearing officer for such entities and on occasion, has been recognized as a Special Assistant States Attorney. Likewise, he represents private and public entities within the transportation industry, including airports, aircraft owners, transportation companies, and manufacturers in matters involving breaches of contract, energy and environmental contracting and due diligence, attendance and handling of public meetings and hearings. He is also involved in suits and negotiations involving railroads, including matters with the Surface Transportation Board and the Illinois Commerce Commission. Rick joined Hinshaw in 1992.