Michael H. Elam concentrates his practice on Environment, Energy and Natural Resource law and policy. His practice includes developing energy generation and transmission of facilities, oil refinery, storage and transport facilities, as well as significant water and infrastructure projects. Mr. Elam is widely regarded for his work with complex, unique and troubled projects, such as with environmental or energy projects in the US or his work representing the Iraq Ministry of Electricity, where his ability to work with government officials, technical representatives, business managers and financial market representatives is required to achieve successful resolutions.

Prior to becoming an attorney, Mr. Elam collected and analyzed water, sediment and soil samples for the State of Indiana, and subsequently was a Physical Scientist for the US Environmental Protection Agency. His legal experience includes senior and managerial positions at both US EPA's Washington headquarters office as well as its Region V Chicago office. In Washington, Mr. Elam was the Special Assistant to the Assistant Administrator for Enforcement, where he worked on special projects for the US EPA, the Department of Justice, and Congress and represented the government in some of the nation's most visible and complex environmental remediation, policy and litigation matters.

Mr. Elam has been involved with environmental, energy and natural resource matters across the US as well as internationally. He has significant direct experience with all aspects of water including investigating, containing and treating subsurface soil, sediments and ground water, as well as dredging, capping, grouting, water impoundments, rivers, harbors and water supplies. Mr. Elam is particularly well known for his ability to understand both the technical issues, business concerns and governmental requirements, and then draft agreements which clearly and effectively anticipate, identify, manage and allocate risk, thus minimizing the potential for litigation. When litigation is required, he aggressively focuses on cost effective and expeditions resolutions, and minimizes needless posturing or personal promotion. He effectively counsels clients on the creative and effective utilization of governmental policy as well as public/private partnerships opportunities, which require a wide range of diverse talents and disciplines working together. These projects include petroleum refineries, storage facilities and pipelines, electrical generation and transmission facilities, railroads and steel mills, as well as surface and groundwater storage and impoundments, requiring an understanding of geotechnical and hydrologic issues, complex water rights, dredging, dams, water components, and wetlands.

Mr. Elam regularly speaks to public and private groups concerning all aspects of environmental, energy and natural resource law, policy and commercial issues. He has received numerous federal, state and local awards and recognition for his achievements and work.

Mr. Elam's extensive background at the US Environmental Protection Agency, spanning ten years, provides him with valuable experience and insight into resolving clients' complex environmental issues. Prior to becoming an attorney, Mr. Elam collected and analyzed environmental samples for the State of Indiana, and was a Physical Scientist for the US EPA. His legal experience includes both US EPA's Washington headquarters office as well as its Region V Chicago office. In Washington, Mr. Elam was the Special Assistant to the Assistant Administrator for Enforcement, where he worked on special projects for the EPA, the Department of Justice, and Congress. At the US EPA Region V's Office of Regional Counsel, he became Senior Attorney and represented the Agency in some of the nation's most visible and complex environmental litigation. He subsequently became Acting Deputy Regional Counsel, responsible for managing over 80 attorneys providing legal services for all environmental matters in the five-state area of Illinois, Indiana, Minnesota, Ohio, and Wisconsin.

Mr. Elam is actively involved with environmental matters in all 10 US EPA Regions and internationally. He has significant firsthand experience with investigations and cleanups, as well as with risk avoidance, risk allocation and dispute resolution, including negotiations, ADR and litigation. Mr. Elam is particularly well known for his work with the use or reuse of "brownfield" (contaminated) property. This includes counseling clients and participating in governmental policy development with respect to all aspects of acquiring, selling, developing, lending, and leasing of properties or businesses that have environmental issues associated with them, as well as implementing public/private partnerships which require a wide range of diverse talents and disciplines working together. These projects include current and former petroleum refineries, railroads and steel facilities, as well as "volume" transactions, which encompass multiple properties in numerous states, such as current or former service stations or dry cleaners. Mr. Elam has effectively employed the evolving interest in brownfields to assist in addressing regulatory, Superfund and natural resource damage claims. Mr. Elam regularly speaks to public and private groups across the country and internationally concerning all aspects of environmental law.

Mr. Elam has represented clients and client project teams in all aspects of the development, permitting, acquisition and financing of new and existing base load, peaker, renewable and alternative electrical generation facilities, as well as the acquisition, development and maintenance of new and existing transmission lines. Mr. Elam has addressed the full panoply of environmental and natural resource issues such as: NEPA; approvals related to crossing waterways; threatened and endangered species; wetlands; water rights and use issues; hazardous materials such as PCBs, oils, wood preservatives, lead paint and coatings; and the acquisition, easements or other use of contaminated properties. Mr. Elam has also counseled clients on toxic tort and damage claims associated with the potential impact of electro-magnetic fields on humans, animals, and adjoining sensitive electronic equipment.

Representative Projects

• Representation pf the Iraq Ministry of Electricity in negotiation, including negotiations in Iraq, for the acquisition of electrical generation equipment.
• Representation of the Iraq Ministry of Electricity in negotiating owners engineer, engineering procurement and construction contracts.
• Representation of the Iraq Ministry of Electricity with respect to securing water and fuel supplies.
• Representation of the Iraq Ministry of Electricity at UNDP PARTNERSHIP FOR POWER GENERATION, Opportunities for Power Generation in Iraq, Dead Sea, Jordan 2008.
• Representation of major independent power producers in all aspects of project development for base load and peaker generation facilities.
• Representation of clients in all aspects of securing adequate water supply for new construction coal fired generation facility: including intake and discharge structures, environmental permits, natural resource reviews and water rights issues.
• Representation of clients with respect to addressing all forms of environmental and natural resource permits, permit violations and litigation.
• Representation of clients constructing gas lines under waterways.
• Representation of clients with respect to dredging waterways, including contaminated sediment issues.
• Representation of clients with respect to all aspects of wetlands, including creation of new and restoration of damaged wetlands.
• Representation of clients with respect to construction of a wide range of groundwater water containment projects, including cutoff walls, grouting and grout curtains as well as various barrier well and pumping containment systems.
• Representation of clients to secure water rights, as well as water use and environmental permits for petroleum refineries, generation facilities, manufacturing, domestic and agricultural use, as well as for environmental and natural resource protection, conservation and preservation, and maintaining required navigational levels.
• Representation of clients with respect to negotiating and litigating environmental disputes, including some of the most complex disputes related to contamination and waterways.