Articles From David W. McArdle

A newly recognized defense to disconnection petitions By David W. McArdle Local Government Law, March 2006 This article is intended to provide direction for municipalities faced with petitioners seeking disconnection from the municipal corporate limits.
The process of siting a municipal waste transfer station or landfill By David W. McArdle October 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
The process of siting a municipal waste transfer station or landfill By David W. McArdle Local Government Law, August 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
Local governments may not always impose its regulations and fees on other local governments By Michael J. Lecher & David W. McArdle Local Government Law, January 2003 Depending on your point of view, the Illinois appellate court for the Second District recently either struck a blow to the regulatory power of local governmental units or it clarified the power of state agencies in County of Lake ex. Rel. Lake County Stormwater Management Com'n v. Fox Waterway Agency, 326 Ill.App.3d 100, 759 N.E.2d 970, 259 Ill.Dec. 909 (2nd Dist. 2001).
The unintended ramifications of the SWANCC decision: Local regulation of isolated waters By David W. McArdle & E. Regan Daniels Shepley Local Government Law, May 2001 The recent United States Supreme Court ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers held that the Corps' authority under the Clean Water Act does not extend to isolated waters-- those waters that are not connected or adjacent to interstate or navigable waters.
Continued expansion of administrative adjudication authority By David W. McArdle Administrative Law, September 1999 Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.
Continued expansion of administrative adjudication authority By David W. McArdle Local Government Law, July 1999 Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.

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