Francis X. Lyons

Counsel

Frank provides strategic counseling in sophisticated environmental law matters, with an emphasis on regulatory compliance under state and federal statutes.

Francis Lyons Portrait

He draws on his past experience as a Regional Administrator for the U.S. Environmental Protection Agency (USEPA) and an environmental enforcement attorney with the U.S. Department of Justice (DOJ) to assist clients in these matters. In 2021, Frank was named a Fellow of the American College of Environmental Lawyers.

Far-Reaching Experience

Frank has experience advising diverse businesses on matters involving the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). He provides counsel on government enforcement actions, citizen’s suits, permit negotiations and appeals, project development, brownfield redevelopment, corporate investigations, environmental compliance audits, and due diligence. His firsthand experience and familiarity with environmental regulation and enforcement position him as a valuable adviser and advocate for his clients.

Focused Insight

Before entering private practice, Frank developed a thorough understanding of environmental law through a variety of significant government positions, such as Regional Administrator of USEPA Region 5, the Great Lakes Region. Clients benefit from the broader perspective, and experience in implementing public policy, he gained in this position. Earlier, Frank honed his litigation skills as a trial attorney in the Environmental Enforcement Section of the DOJ, and prior to that, in the Illinois Attorney General’s Office. His experience as an enforcement attorney provides him with a unique understanding of environmental regulatory processes.

Client Work

  • An electrical generating utility in defending a citizen’s suit alleging violations under the Clean Air Act.
  • A potential responsible party (PRP) at a major CERCLA site in California engaged in allocation negotiations with other PRPs, for which he negotiated with USEPA and DOJ regarding cost recovery and conversion of Unilateral Administrative Order to a Consent Decree.
  • Multiple clients engaged in lime manufacturing in defending government enforcement actions alleging violations under the Clean Air Act for exceeding permit emission limitations, as well as responding to information requests regarding potential New Source Review (NSR) violations, and requests to perform emissions testing.
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Boards, Memberships & Certifications

Professional Memberships

  • Air & Waste Management Association, Lake Michigan States Section, Chair of Board of Directors 2020
  • American Bar Association, Section of Environment, Energy and Resources
  • American College of Environmental Lawyers, Fellow
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Previous Work

  • Chicago’s Environmental Fund, Past Member, Board of Directors
  • Alliance for the Great Lakes, Past Member, Board of Directors
  • Chicago Council on Global Affairs, Past Member, Task Force on National Energy Policy and Midwestern Regional Competitiveness

Publications, Presentations & Recognitions

Publications

  • “EPA Announces 2022 Enforcement and Compliance Results,” (co-author) ArentFox Schiff Energy & Environmental Law Adviser (Dec. 20, 2022)
  • “Interim SEP Rulemaking to Reinstate SEPS Facing Opposition from Chamber of Commerce, GOP,” (author) ArentFox Schiff Energy & Environmental Law Adviser (Jul. 18, 2022)
  • “DOJ Returns to Using Supplemental Environmental Projects Including to Mitigate Harms to EJ Communities,” (co-author) ArentFox Schiff Energy & Environmental Law Adviser (May 9, 2022)
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Presentations 

  • “EPA Information Requests:  Tips for Efficiently Responding and Avoiding Pitfalls,” Three Rivers Manufacturing Association and Illinois Environmental Regulatory Group, Virtual Meeting (Feb. 21, 2024)
  • “Business Outlook for Environmental Enforcement: Making a Bad Day Better—Advice on Negotiating Agency Settlements and Responding to Inspections,” Three Rivers Manufacturers Association, Virtual Meeting (May 19, 2021)
  • “Federal & State Enforcement,” 2019 Annual Air Quality Management Conference, Air & Waste Management Association Lake Michigan States Section, Oakbrook Terrace, Ill. (Nov. 5, 2019)
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Recognitions

  • The Best Lawyers in America, Best Lawyers (2024)
  • Chambers USA – Environment, Illinois (2014-2024)
  • Illinois Leading Lawyer, Law Bulletin’s Illinois Leading Lawyers Network (2014-2024)
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  • Bar & Court Admissions
    • Illinois Bar
    • US Court of Appeals, District of Columbia Circuit
    • US District Court, Central District of Illinois
    • US District Court, Northern District of Illinois (Trial Bar)
  • Education
    Loyola University Chicago School of Law, JD, 1988
    University of Minnesota, BA, 1984

Awards

Awards

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