Directory of fellows

Jennifer T. Nijman

Executive Committee | Communications Committee Co-Chair | Fellow since 2020
Jennifer Nijman is a founding partner (2008) of the environmental firm Nijman·Franzetti LLP with wide ranging experience in environmental litigation defense and enforcement issues as well as issues involving waste and contaminated property.
Ms. Nijman represents clients in environmental litigation and enforcement defense, including toxic tort claims, private party disputes, and actions brought under the Clean Air Act, the Resource Conservation and Recovery Act, and all phases of CERCLA and the Superfund process. She has experience with permit and siting proceedings as well as petitions for adjusted standards and variances before the Pollution Control Board. Ms. Nijman has successfully represented clients in regulatory disputes and negotiations with both state and federal agencies, and has implemented supplemental environmental projects/pollution prevention plans to reduce or eliminate fines and penalties. She counsels clients in compliance issues and in the development of environmental management systems.
A significant portion of Ms. Nijman’s practice includes representing clients in the environmental aspects of corporate and real estate transactions. She works with closely with consultants and clients to develop strategies for the acquisition and sale of contaminated property. She evaluates due diligence, prepares and negotiates environmental provisions of purchase and sale agreements, and works with environmental insurance products where appropriate. Her clients have included lenders, private equity companies, developers and corporations.
Ms. Nijman has arbitrated and mediated cases through the American Arbitration Association and the Center for Conflict Resolution. She is a 2020 recipient of the Justice John Paul Stevens Award.

Degrees

J.D. from the University of Chicago Law School in 1987, and B.A. from the University of Illinois in Champaign in 1984.

Admissions

  • Illinois

Court Admissions

Ms. Nijman is a member of the Federal Trial Bar for the Northern District of Illinois and is admitted to the Illinois Bar, as well as the U.S. Supreme Court.

Professional Societies and Organizations

President of the Chicago Bar Association in 2002–2003 and recently completed term on the Illinois Supreme Court Commission for Access to Justice. She is a past president and Board member of the Lawyers Trust Fund of Illinois and the Center for Conflict Resolution, and currently a Board member of Illinois Armed Forces Legal Aid Network (IL-AFLAN)

Other Environmental Career Experience

see below

Representative Publications (not including ACOEL Blogs)

  • "Environmental Management Systems" Ch 40 Treatise on Compliance, published by Wolters-Kluwer
  • “Elements of Illinois Law: Environmental Law” 2020 Edition (as updated), Illinois Institute of Continuing Legal Education;
  • “Consultant Privileges and Proving CERCLA Defenses,” Chapter 12, Environmental Law in
  • Corporate and Real Estate Transactions, 2019 and 2015 Editions, Illinois Institute of Continuing Legal Education;
  • “Environmental Law,” Starting Points, Illinois Institute of Continuing Legal Education, 2015

Illustrative Projects

  • Served as the lead environmental trial counsel to a waste company in a toxic tort case involving alleged property damage
  • due to the historic operation of a landfill. Plaintiffs claimed negligence, nuisance,
  • and trespass for damage to their properties downgradient of the landfill. Jennifer
  • Nijman, along with local counsel, successfully tried the case before a state court jury
  • during a seven-week trial. The jury entered a verdict for the defense and awarded no damages to the plaintiffs. Ultimately, the verdict was upheld on appeal to the Wisconsin Supreme Court._
  • Currently representing one of the defendants in the Hobart III litigation in federal district court in the Southern District of Ohio.

Citations of Major Published Cases

see below
Insight from Jennifer T. Nijman