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Articles From Jorge Mihalopoulos

Supreme Court Seeks Middle Ground in Landmark Clean Water Act Decision By Jorge Mihalopoulos Environmental and Natural Resources Law, August 2020 An analysis of County of Maui v. Hawaii Wildlife Fund, the most significant Clean Water Act case decided by the U.S. Supreme Court in over a decade.
Trump Administration’s Navigable Waters Protection Rule Reduces the Reach of the Clean Water Act By Jorge Mihalopoulos Environmental and Natural Resources Law, June 2020 On April 21, 2020, the U.S. Army Corps of Engineers and Environmental Protection Agency achieved a top priority of the Trump Administration’s environmental agenda: Narrowing the scope of the Clean Water Act by officially replacing the Obama Administration’s Clean Water Rule.
Trump Weighs in on WOTUS and Repeals Obama’s Clean Water Rule By Jorge Mihalopoulos Environmental and Natural Resources Law, February 2020 The phrase "waters of the United States" has caused ambiguity in hundreds of cases. Although the Trump administration has taken steps to replace the Clean Water Rule, it will not likely end the debate.
1 comment (Most recent March 9, 2020)
Ninth Circuit expands the reach of the Clean Water Act By Jorge Mihalopoulos Environmental and Natural Resources Law, July 2018 The recent decision in Hawai'i Wildlife Fund v. County of Maui marks a dramatic shift in the Clean Water Act jurisprudence.
Extension of “arranger” liability to suppliers of dry-cleaning equipment By Jorge Mihalopoulos Environmental and Natural Resources Law, May 2006 In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
General Assembly expands IEPA’s powers and public notice duties By Jorge Mihalopoulos Environmental and Natural Resources Law, February 2006 On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
Voluntary cleanups: A risky alternative to CERCLA litigation By Jorge Mihalopoulos Environmental and Natural Resources Law, March 2005 With the Superfund dwindling and state and federal governmental resources becoming increasingly limited, it now more than ever appears appropriate to avoid costly CERCLA litigation by encouraging potentially responsible parties (PRPs) to investigate and cleanup contaminated property voluntarily.
General Assembly legislatively overrules Ryan v. Agpro By Jorge Mihalopoulos Environmental and Natural Resources Law, November 2004 In January of 2004, the Appellate Court of Illinois for the Second District decided Ryan v. Agpro, Inc., 345 Ill. App. 3d 1011, 803 N.E.2d 1007, 281 Ill.Dec. 386 (2nd Dist. 2004).
Phase II stormwater discharge permits and the Tenth Amendment By Jorge Mihalopoulos Environmental and Natural Resources Law, June 2004 The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
The use of TMDLs to regulate nonpoint sources of water pollution By Jorge Mihalopoulos Environmental and Natural Resources Law, January 2004 A nonpoint source of water pollution is generally understood to be pollution in the form of runoff from farming, ranching, forestry and land development activities.

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