Publications

Section Newsletter Articles on Environmental Law

CERCLA and the Supreme Court By John M. Barkett Environmental Law, August 2015 If you can get the Court to take a CERCLA case, it is not at all unlikely that, despite CERCLA’s remedial purpose, the Court will interpret CERCLA’s words literally rather than attempt to rewrite them.
How to counsel your client so that you both survive a regulatory inspection By Lisa A. Funderburg Environmental Law, August 2015 Some practical tips for helping your client prepare for a regulatory inspection, survive an inspection, and manage any follow-up that may come from an inspection.
The “M” word—Mold is manageable By William J. Anaya Environmental Law, June 2015 An overview of how to handle a mold discovery.
Seventh Circuit adopts continuous trigger for first-party property damage claim resulting from defect discovered after policies lapsed By Matthew Riley Environmental Law, June 2015 The ruling in Strauss v. Chubb Indemnity Insurance Co. has potentially far-reaching positive implications for policyholders as it affects various sources of recovery, as well as scope of notice issues.
Summary of Public Acts for the 98th Illinois General Assembly By Kent E. Mohr, Jr. Environmental Law, June 2015 A summary of select public acts from the 98th Illinois General Assembly (2013-2014) relating to environmental law.
Environmental forensics By Tomlinson Fort and Larry Schmaltz Environmental Law, May 2015 Environmental forensics is the use of scientific data analysis to answer questions about causation. Here are some questions you can ask your clients when the cause of a release is unknown.
Ever wonder how much it costs to clean up a leaking underground tank site? By Steve Anderson Environmental Law, May 2015 In a transaction, clients may want to know what kind of costs to expect if the leaking underground storage tank at the property has to be dealt with after closing.
Officer liability affirmed, but no retroactivity for Section 42(e) By Samantha Gibson Environmental Law, May 2015 On March 19, 2015 the Illinois Supreme Court announced its decision in People ex rel. Madigan v. J. T. Einoder, Inc., clarifying that power to obtain mandatory injunctive relief under section 42(e) of the Illinois Environmental Protection Act is not retroactive and what constitutes involvement in violating the Act sufficient to find personal liability for a corporate officer.
The diminishing value of USEPA’s audit policy and the increasing value of privileged internal investigations By Jeffrey C. Corey Environmental Law, January 2015 As useful as they may be for purposes of running and improving a business, audit reports may be equally useful to someone who has a reason to file suit against the company.
Recent environmental decisions: Illinois Pollution Control Board rulemakings By Kyle P. Carlson, Alison Hayden Kehrer, and Emily N. Masalski Environmental Law, January 2015 The following summaries cover rulemakings currently pending and ongoing or recently concluded before the Illinois Pollution Control Board.
Case comment: Nat’l Envtl. Dev. Association’s Clean Air Project v. EPA By Emily Taylor Environmental Law, September 2014 This case serves as a reminder to the Headquarters and Regional Senior Air Program Officials to take care that their memoranda do not violate the CAA’s “Regional Consistency” provision and its implementing regulation.
Recent environmental decisions: Illinois cases By Kyle P. Carlson, Alison Hayden Kekrer, and Emily N. Masalski Environmental Law, September 2014 The following Illinois case law summary presents a survey of some of the most important environmental law cases decided by Illinois state courts in the last year.
Recent environmental decisions: Federal cases By Kyle P. Carlson, Alison Hayden Kekrer, and Emily N. Masalski Environmental Law, June 2014 Recent cases of interest to environmental law practitioners.
USEPA wins cross state air transport pollution case By Raymond T. Reott Environmental Law, June 2014 In a 6-2 vote, the United States Supreme Court has reversed the decision of the District of Columbia Circuit Court of Appeals on an important Clean Air Act case.
Court limits application of Bona Fide Prospective Purchaser defense By Raymond T. Reott Environmental Law, March 2014 A discussion of the ramifications of the recent Voggenthaler v. Maryland Square LLC case.
Owner of vacant property liable for CERCLA cleanup By Raymond T. Reott Environmental Law, March 2014 The recent California decision in City of Banning v. Dureau illustrates the danger faced by a property owner who does not monitor and control activities on his vacant properties. 
Illinois court says insurer cannot escape duty to defend hog odor lawsuit under “pollution exclusion” in umbrella policy By Kristine Tidgren Agricultural Law, January 2014 In what could broaden an insurer’s duty to defend Illinois livestock producers in odor lawsuits, an Illinois appeals court has rejected an insurer’s denial of coverage to hog confinement operators pursuant to a standard “pollution exclusion” provision in an umbrella liability policy
Illinois court says insurer cannot escape duty to defend hog odor lawsuit under “pollution exclusion” in umbrella policy By Kristine Tidgren Environmental Law, January 2014 In what could broaden an insurer’s duty to defend Illinois livestock producers in odor lawsuits, an Illinois appeals court has rejected an insurer’s denial of coverage to hog confinement operators pursuant to a standard “pollution exclusion” provision in an umbrella liability policy
What is so great about a “No Further Remediation” letter anyway? By Matthew E. Cohn Environmental Law, January 2014 When deciding whether to buy, sell, hold, investigate, remediate, manage, or do anything else with or to your contaminated properties, the most important things to have are good data, good science, good counsel, good motives, and a healthy understanding of your tolerance of risk.
Absolute pollution exclusion denies coverage to Crestwood By Samantha Gibson Environmental Law, September 2013 A summary of Village of Crestwood v. Ironshore Specialty Insurance Co.
Lessees and superfund liability By Gene Schmittgens Environmental Law, June 2013 In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.
Lloyd’s liable for more than $62 million based on environmental claims under “all sums” approach, plus 10 percent penalty and attorney fees for vexatious refusal to pay claims By John J. Barber Insurance Law, June 2013 A summary of the recent Missouri case of  Doe Run Resources Corp. v. Certain Underwriters at Lloyd’s.
News flash: Illinois Pollution Control Board finally adopts vapor intrusion rules By Matthew E. Cohn Environmental Law, June 2013 On May 16, 2013, the Illinois Pollution Control Board amended the TACO rules to adopt the new indoor inhalation exposure route effective July 15, 2013.
Green office tips Environmental Law, March 2013 The Environmental Law Section Council has started a new initiative to publish information we find to be particularly useful in helping members operate a green law office.
Illinois proposes more stringent asbestos regulation Environmental Law, March 2013 On December 7, 2012, the Illinois Department of Public published its First Notice for proposed amendments to Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois. The proposed rules are publicly available for review and were open for public comments until January 21, 2013.
New Phase I ASTM standard coming in 2013 By Steve Sawyer Environmental Law, March 2013 The ASTM E1527 task group is finalizing their revisions to the Phase I Environmental Site Assessment standard that will take effect in 2013.
Tetrachloroethylene toxicity changes result in lower liability By Timothy Adams Environmental Law, March 2013 On February 19, 2012, USEPA posted revised toxicity factors to the Integrated Risk Information System, indicating that tetrachloroethylene is a “likely human carcinogen” but has a lower carcinogenic risk potential and a higher non-carcinogenic risk potential that previously assumed by EPA.
Editor’s note: Developments in vapor intrusion rulemaking By Raymond T. Reott Environmental Law, February 2013 An introduction to the issue from Editor Ray Reott.
New radon requirements and changes to radon disclosure in 2013 By Kelly M. Greco Real Estate Law, February 2013 On August 17, 2012, Governor Quinn approved House Bill 4606, which created new radon requirements in Illinois as well as changes to radon disclosure by amending both The Child Care Act of 1969 and The Illinois Radon Awareness Act.
Newly proposed vapor intrusion restrictions By Raymond T. Reott Environmental Law, February 2013 On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.