Frank J. Deveau

For over 35 years, Frank has represented clients in relation to all aspects of environmental law. He serves as co-chair of Taft’s Environmental Practice, and his services include advising or representing clients in relation to the following:

• Environmental litigation involving private parties and federal and state government.
• Issues relating to PFAS liability.
• Counseling and negotiating environmental issues related to mergers and acquisitions, including transactions involving traditional and alternative energy production and biogas production.
• Carbon sequestration and related pipeline issues.
• Administrative proceedings, obtaining and maintaining compliance with solid and hazardous waste permits, air permits, water discharge permits, CAFO and CFO permits.
• Real estate transactions including brownfields and projects ranging from multi-million dollar industrial sites to commercial properties.
• Insurance recovery to pay for the remediation of contaminated sites and the defense of claims involving environmental issues.
• Superfund/CERCLA cases throughout the US, including serving as common counsel in cases involving multiple PRPs.
• Toxic tort litigation.
• Mediating litigation involving environmental and insurance disputes.
• Helping anti-microbial and disinfectant product manufacturers, distributors and retailers comply with state and federal laws governing the marketing and sale of these products. This includes management of SARS-CoV-2/COVID-19 claims pursuant to EPA’s interim and emergency coronavirus guidance (e.g., List N).

Frank also has been retained as an expert witness in numerous insurance-related and environmental matters.

• Gary/Chicago International Airport Authority v. Honeywell International Inc. 2020 WL 736090 (N.D. Ind. 2020)
• Old Republic v. Gary/Chicago International Airport, 2016 WL 3971663 (N.D. Ind. 2016)
• Schuchman/Samberg Investments Inc. v. Hoosier Penn Oil Co., Inc. 58 N.E.3d 241 (Ind. Ct. App. 2016)
• Anthony Wayne Corp. v. Elco Fastening Systems, LLC, 2016 WL 687887 (N.D. Ind. 2016)
• C.W. ex rel. Wood v. Textron, Inc., 807 F. 3d 827 (7th Cir. 2015)
• KB Home Indiana Inc. v. Rockville TBD Corp., 928 N.E.2d 297 (Ind. Ct. App. 2010)
• Samuel Neal, et al. v. William J. Cure, et al., 937 N.E.2d 1227 (Ind. Ct. App. 2010)
• Sanyo North America Corporation v. Avco Corporation et al., 2008WL1095 (S.D.Ind. 2008)
• City of Martinsville v. Masterwear Corp., 2006 WL 2710628 (S.D.Ind. 2006)
• United States Fidelity & Guaranty Insurance Co. v. Hartson-Kennedy Cabinet Top Co., 857 N.E.2d 1033 (Ind. Ct. App. 2006)
• Reed v. Plan Comm’n, 831 N.E.2d 734 (Ind. 2005)
• Indiana Dept of Natural Resources v. Newton County, 802 N.E.2d 430 (Ind. 2004)
• CBS, Inc. v. Henkin, 803 F.Supp 1426 (N.D.Ind. Oct. 7, 1992)
• U.S. v. Distler, 803 F. Supp. 46 (W.D.Ky. 1992)
• Pantry, Inc. v. Stop-N-Go Foods, Inc., 796 F. Supp. 1164 (S.D.Ind. 1992) and 777 F. Supp. 713 (S.D.Ind. 1991)
• GL Industries of Michigan v. Forstman-Little, 800 F. Supp. 695 (S.D. Ind. 1991)
• U.S. v. Seymour Recycling Corp., 679 F. Supp. 859 (S.D.Ind. 1987) and 618 F. Supp. 1 (S.D.Ind. 1984)

Publications include, among others:

• The Bona Fide Prospective Purchaser Defense in CERCLA: A Guide for Lawyers, Second Edition (ABA Publishing, 2022)
• The Indiana Guide to Underground Storage Tanks (Published by the Indiana Chamber of Commerce) which has been utilized by the Indiana Department of Environmental Management and private practitioners throughout Indiana
• The Bona Fide Prospective Purchaser Defense: A Guide for Lawyers (ABA Publishing 2013)
• Environmental Liability and Insurance Recovery (ABA Publishing 2012)
• The Application and Regulation of Institutional Controls in Indiana in Implementing Institutional Controls at Brownfields and Other Contaminated Sites (ABA Publishing 2012)