Publications

Illinois Bar Journal
Articles on Environmental Law

Certification for drinking water examiners June 2014 Illinois Law Update, Page 272 Pursuant to the Public Water Supply Operations Act, the Illinois Environmental Protection Agency ("EPA") has set forth procedures to obtain a drinking water operator certification. 35 Ill. Adm. Code 681 (eff. Apr. 1, 2014).
IEPA to consider issuing beneficial use determinations for asphalt shingle recycling May 2014 Illinois Law Update, Page 220 The Illinois Environmental Protection Agency (IEPA) may make determinations that materials normally required to be managed as waste be managed as non-waste if the material will be used beneficially and "in a manner that is protective of human health and the environment."
New designations for water quality standards May 2014 Illinois Law Update, Page 220 In line with the Clean Water Act's goal of protecting aquatic wildlife, the Pollution Control Board (the "Board") adopted new aquatic life use designations. 35 Ill. Adm. Code 303 (eff. Feb. 13, 2014).
Fracking Comes to Illinois By Leonard S. Kurfirst and Colin P. O’Donovan August 2013 Article, Page 404 What exactly is fracking? How big an impact might it have in Illinois? This article reviews the process and the new state law.
Environmental Law Resources for Illinois Attorneys By Tom Gaylord May 2013 Column, Page 260 There's a plenty of free, online primary environmental law.
Amendments to sewer discharge criteria April 2013 Illinois Law Update, Page 176 The Illinois Pollution Control Board (the "Board") recently adopted amendments to regulations governing wastewater pretreatment regulations. 35 Ill. Adm. Code 307.
Implementing rules for landscape waste composting and on-farm composting facilities February 2013 Illinois Law Update, Page 72 Recently adopted administrative rules regulate the issuance of permits for maintenance of waste composting areas or facilities that exceed applicable rates.
Electric utility environmental disclosures may now be made electronically or through the mail. PA 097-1092 January 2013 Illinois Law Update, Page 16 The General Assembly has amended the Public Utilities Act to alter the environmental disclosure delivery requirements.
Revisions to groundwater quality regulations January 2013 Illinois Law Update, Page 16 The Illinois Pollution Control Board (the "Board") recently adopted amendments to groundwater quality regulations. 35 Ill. Adm. Code 620.
Electric vehicle car sharing grants December 2012 Illinois Law Update, Page 632 The recently amended Alternative Fuels Program ("AFP"), executing and as authorized by Sections 15 and 30 of the Alternate Fuels Act [415 ILCS 120/15 and 30], governs procedures for applying for alternate fuel vehicle rebates and electric vehicle car sharing grants. 35 Ill. Admin. Code 275.
Local boards of trustees may sell treated wastewater. PA 097-1000 December 2012 Illinois Law Update, Page 632 Illinois lawmakers have amended the role of boards of trustees of the sanitary districts formed under the Sanitary District Act of 1917. 70 ILCS 2405/7.
Changes to special waste hauling permits October 2012 Illinois Law Update, Page 520 The Illinois Pollution Control Board ("the Board") recently adopted amendments to the regulations governing special waste hauling. 35 Ill. Adm. Code 809.
Standards and limitations for organic material emissions for area sources August 2012 Illinois Law Update, Page 404 The Illinois Pollution Control Board ("the Board") recently adopted amendments and introduced a new section to the regulations governing standards and limitations for organic material emissions for area sources. 35 Ill. Adm. Code 223.
Changes to the administrative requirements for underground storage tanks May 2012 Illinois Law Update, Page 240 The Office of the State Fire Marshall (OSFM) recently added a new subpart to the regulations governing underground storage tanks. 41 Ill. Admin. Code 176.600. The statutory authority for these changes is the Gasoline Storage Act (430 ILCS 15).
Implementation of effluent standards in certain recreation waters May 2012 Illinois Law Update, Page 240 The Illinois Environmental Protection Act (415 ILCS 5/13 and 27) authorizes the adoption of regulations to promote the purposes of the Environmental Protection Act, including but not limited to regulations as required by circumstances for different contaminant sources and different geographical areas and special provisions for alert and abatement standards for occurrences of pollution constituting an acute danger to health.
Registration of Smaller Sources Program March 2012 Illinois Law Update, Page 132 The Illinois Pollution Control Board ("the Board") created a new Registration of Smaller Sources (ROSS) Program intended to simplify air regulatory requirements by requiring sources with low emissions to register with the Illinois Environmental Protection Agency ("the Agency") rather than requiring an air permit as authorized by sections 9.14 and 27 of the Environmental Protection Act. 35 Ill Adm Code 201.175.
Guidelines for the administration of grants to Green Manufacturing projects. PA 096-1413 August 2011 Illinois Law Update, Page 388 The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois has been amended to establish guidelines for the administration of the Green Manufacturing Grant Fund. 20 ILCS 605/605-524.
Regulations tightened for demolishing buildings containing hazardous air pollutants. PA 096-1536 June 2011 Illinois Law Update, Page 286 Illinois lawmakers have amended the Counties Code, Illinois Municipal Code, and the State Mandates Act to better regulate the demolition and renovation of buildings containing hazardous air pollutants such as asbestos. 55 ILCS 5/5-1063.5; 65 ILCS 5/11-39-2.5; 30 ILCS 805/8.35.
Changes in alternate fuels program January 2011 Illinois Law Update, Page 16 The Illinois Environmental Protection Agency recently amended the Alternate Fuels Program, which offers rebates for vehicles that meet certain requirements, so as to reflect amendments to the Alternate Fuels Act enacted in 2003, 2007, and 2009. 35 Ill Adm Code 275.
Change in licensing requirements for low-level radioactive waste disposal facilities November 2010 Illinois Law Update, Page 564 The Illinois Emergency Management Agency recently amended the requirements governing low-level radioactive waste disposal facilities in Illinois. 32 Ill Adm Code 601 et seq. 
Restrictions on use of phosphorus-containing fertilizers. PA 096-1005 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has placed restrictions on the use of phosphorus-containing fertilizers on the lawn of Illinois Residents. (415 ILCS 65/2).
General Assembly creates program to support solar and wind generation projects. 096-0725 June 2010 Illinois Law Update, Page 292 A School Wind and Solar Generation Program has been created by the Illinois General Assembly. 20 ILCS 3501/825-100.
Asian carp reduction pilot program established. PA 096-0452 May 2010 Illinois Law Update, Page 236 The Department of Natural Resources has been charged with running a year-long pilot program focused on harvesting Silver Carp and Bighead Carp, two invasive species in the Illinois River, in order to facilitate an increase in population of native fish.
Private sewage disposal restricted. PA 096-0801. March 2010 Illinois Law Update, Page 128 Illinois lawmakers amended the Private Sewage Disposal Licensing Act by adding a new provision that will take effect on January 1, 2013. 
Green Buildings Act establishes green construction standards for state buildings. PA 096-0073 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have enacted the Green Buildings Act, creating environmental construction and design standards for all new state buildings and major renovation projects. 
Clean air set-aside rules updated July 2009 Illinois Law Update, Page 336 The Illinois Environmental Protection Agency adopted new standards to regulate clean air set-asides under Title 35 of the Illinois Administrative Code. 
Implementation of the Green Government Illinois Act August 2008 Illinois Law Update, Page 390 In an effort to demonstrate Illinois' commitment to conserving natural resources, reducing negative environmental impacts, and decreasing green house gas emissions, the Illinois Green Governments Coordinating Council adopted the Green Governments Illinois Act. 
New rules for licensed facilities that ship and possess radioactive material July 2008 Illinois Law Update, Page 340 The Illinois Emergency Management Agency made several amendments and added two new sections to 32 Ill Adm Code 330, governing the tracking of radioactive material. 
New rules governing reporting requirements of private biodiesel producers July 2008 Illinois Law Update, Page 340 The Department of Revenue amended 86 Ill Adm Code 500, in an effort to impose reporting and payment requirements on those who produce biodiesel fuel or biodiesel fuel blends for self-use. 86 Ill. Adm. Code 500. 
Rules implement new exceptions to “pollution control facility” definition March 2008 Illinois Law Update, Page 124 The Pollution Control Board has added more exceptions to the definition of "pollution control facility" in response to changes made to the Environmental Protection Act, 415 ILCS 5/1 et seq. 35 Ill Adm Code 101.