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1 McGillivray Westerberg & Bender LLC Page 1 of 1 About Us Contact Us Representative Cases Welcome The law firm of McGillivray Westerberg & Bender LLC is committed to improving the environment, fighting for civil rights, and ensuring our government is open and accessible. We are a Wisconsin law firm with a national focus. Our recent successes include victories for our clients in Wisconsin, Iowa, Illinois, Indiana, Michigan, Kentucky, and Washington, D.C. Areas of Practice McGillivray Westerberg & Bender LLC's attorneys represent clients in environmental law, civil rights, employment law, open government law, and general litigation. Clients We represent individuals, environmental groups, and citizens' groups. We consistently find and implement effective legal solutions and pursue each case towards a just result. Contact Us Today If you need representation in an environmental law, civil rights, employment, or open government case, please visit the "Contact Us" page. We will be happy to speak with you.

2 About Us Page 1 of 2 About Us Contact Us Representative Cases About Us Published on Tuesday, 11 October :23 McGillivray Westerberg & Bender LLC is a public interest law firm based in Madison, Wisconsin. We have a Wisconsin and national practice, representing clients in federal and state court litigation, and before government agencies, on public interest issues. We are known for our work on the Clean Air Act, the Clean Water Act, energy, open government laws such as FOIA, constitutional rights and civil liberties, and political rights. Who We Are Pamela R. McGillivray Ms. McGillivray's areas of practice include civil rights law, environmental law, public utilities law, constitutional law, employment law and general litigation. Ms. McGillivray is experienced in all aspects of trial litigation. She successfully argued Lassa v. Rongstad, 718 N.W. 2d 673 (Wis. 2006), to the Wisconsin Supreme Court and Gillis v. Litcsher, 468 F.3d 488 (7th Cir. 2006), to the United States Court of Appeals for the Seventh Circuit. Christa O. Westerberg Ms. Westerberg practices environmental and land use law, open government law, civil rights law, and general litigation. She frequently represents clients in environmental, freedom of information, and employment actions, both before administrative agencies and in state and federal court. Ms. Westerberg is Vice President of the Wisconsin Freedom of Information Council.

3 About Us Page 2 of 2 David C. Bender Mr. Bender focuses his practice on environmental and energy issues. Mr. Bender represents a number of environmental and conservation organizations, small groups, and individuals in state and federal courts and before administrative agencies throughout the United States. James N. Saul Mr. Saul practices environmental law with a focus on air and water quality. Prior to joining McGillivray Westerberg & Bender, Mr. Saul was a Staff Attorney at Midwest Environmental Advocates and a solo practicioner. Mr. Saul graduated from Lewis & Clark Law School in 2007, where he received a certificate in Environmental and Natural Resources Law and the Environmental Leadership Award.

4 Contact Us Page 1 of 1 About Us Contact Us Representative Cases Contact Us Published on Wednesday, 12 October :48 Telephone: Facsimile: Our Offices 211 S. Paterson Street, Suite 320 Madison, WI Google - Map data 2013 Google -

5 Representative Cases Page 1 of 2 About Us Contact Us Representative Cases Representative Cases Published on Wednesday, 12 October :13 Sierra Club v. Morgan, 07-C-251-S (W.D.Wis. Nov. 7, 2007) On behalf of the Sierra Club, we won a Clean Air Act citizen suit against the State of Wisconsin, which operated a coal fired power plant in downtown Madison without installing the pollution controls required by law. In re Northern Michigan University, 14 E.A.D. (E.A.B. 2009) On behalf of the Sierra Club, we beat an attempt by the State of Michigan to build a coal-fired power plant in Northern Michigan without complying with the Clean Air Act. The State has now committed to burning biomass instead of coal. Sierra Club v. Johnson, 500 F.Supp.2d 936 (N.D.Ill. 2007) We successful won a case against the United States Environmental Protection Agency, requiring it to issue an air pollution permit for a toxic waste incinerator in East St. Louis, Illinois. In re Nelson Dewey Unit 3 Coal-Fired Baseload Facility, Docket No CE-170 (Wis.Pub.Serv.Commn. 2008) On behalf of our client, Clean Wisconsin, we beat an attempt by a Wisconsin utility to build a coalfired power plant that lacked pollution controls for greenhouse gases and would have been the most expensive plant in the United States.

6 Representative Cases Page 2 of 2 Citizens for Responsible Development v. City of Milton, 2007 WI App 114, 300 Wis. 2d 649, 731 N.W.2d 640. On behalf of a gropu of citizens in Milton, Wisconsin, we obtained a decision that the Milton City Council violated the Wisconsin Open Meetings law by meeting in closed session for ten months to discuss a proposed ethanol plant. Gillis v. Litcsher, 468 F.3d 488 (7th Cir. 2006) We obtained a decision from the United States Seventh Circuit Court of Appeals that the conditions our client had been kept under in a Wisconsin prison were equivalent to a "Soviet gulag." Magnolia Township and Western Rock County Citizens Against Factory Farming et al. v. Town of Magnolia, 284 Wis.2d 361, 701 N.W.2d 60, 2005 WI App 119 (Ct. App. 2005) On behalf of a citizens' group, we won a decision from the Wisconsin Court of Appeals that the Town of Magnolia had illegally issued a permit to a factory farm operator. Sierra Club v. Dairyland Power Cooperative We successfully represented the Sierra Club in defeating a motion to dismiss a citizen suit action brought to enforce the Clean Air Act. The utility argued that citizens should be prevented from enforcing the law if a defendant s violations were undetectable for at least five years. The Court rejected this argument and found that our client had a right to enforce past and ongoing violations of the Clean Air Act. In re Vulcan Materials, and In re Mississippi Lime Company Our firm represented the Sierra Club in successfully defeating two different permits for a coal-fired lime kilns where the state permitting agency failed to satisfy important health protection safeguards. Have Questions? We welcome your questions and queries. Please see our Contact Us page for complete contact information.