Mark A. Thimke
Retired Partner
Mark A. Thimke was a partner and environmental lawyer with Foley & Lardner LLP. His practice encompassed all major environmental programs, including hazardous waste, Superfund, the Clean Air Act, air toxics, and wastewater. Mark was involved in Superfund matters ranging from landfills and municipal well fields to the investigation and cleanup of river and harbor sediment remediation areas. His work included representing dischargers on issues involving water toxics limitations, developing a detailed anti-degradation policy, and handling several major air enforcement actions. He was a member of the firm’s Environmental Regulation Practice and the Energy Industry Team.
Mark helped secure the first Plantwide Applicability Limit (PAL) permit in Wisconsin for Bemis Co. Inc. A PAL permit applied an annual emissions limit for pollutants to an entire facility, eliminating the need for multiple limits throughout the facility and, more importantly, allowing companies to avoid the time-consuming NSR permitting process each time operations expanded.
Representative Experience
Mark was involved in a number of criminal investigations in the environmental area, and regularly conducted internal investigations in connection with alleged criminal activity. The following are several investigations in which Mark was involved:
- Criminal investigation associated with the alleged burial of waste-containing drums prior to plant inspection by senior management
- Criminal investigation associated with the falsification of wastewater discharge monitoring reports
- Internal investigation and grand jury investigation into the alleged use bypassing of wastewater discharge monitoring devices
- Criminal investigation alleging improper removal of asbestos
Awards and Recognition
- Named to The BTI Consulting Group’s coveted BTI Client Service All-Stars list for 2014; This elite group of standout attorneys — identified solely through unprompted client feedback — are recognized as delivering the absolute best client service
- Peer review rated as AV Preeminent®, the highest performance rating in the Martindale-Hubbell® Peer Review Ratings™ system
- Selected by his peers for inclusion in The Best Lawyers in America© in the fields of:
- Environmental Law (1989 – 2022)
- Litigation – Environmental (2011 – 2022)
- Natural Resources Law (2012 – 2022)
- Selected for inclusion in the list of Wisconsin Super Lawyers® (2005 – 2008 and 2010 – 2016)
- Recognized in Chambers USA: America’s Leading Lawyers for Business in the practice area of Natural Resources & Environment (2010 – 2021)
Affiliations
- Member of the Environmental Law Section of the Wisconsin Bar
- Member of the Natural Resources Section of the American Bar Association
Thought Leadership
Mark participated in several small group workshops with personnel from the United States Environmental Protection Agency, which developed recommendations for improving the Superfund cleanup process, cost allocation, and dispute resolution methods. At the state level, he served on the Wisconsin Department of Natural Resources NR 700 External Advisory Committee, which worked for two years on the development of a comprehensive state cleanup code. He continued his work in this area as a member of a select focus group that worked on the development of soil cleanup standards and a comprehensive remedy selection process.
Mark lectured on environmental matters throughout the country and was a principal instructor during a week-long session on environmental compliance at a federal facility in the Republic of the Marshall Islands. He also was an author of the Wisconsin section of the Matthew Bender publication, State Environmental Laws.
Foley Attorneys Recognized in 2022 Best Lawyers in America
Foley & Lardner Among Nation’s Leading Law Firms Recognized in 2021 Chambers USA
Revival of the General Duty Clause
U.S. EPA Formalizes Reversal of “Once In/Always In” Emission Permitting Policy
Foley Attorneys Recognized in The Best Lawyers in America 2021 List
