Publications

Section Newsletter Articles on Environmental Law

CCDD regulations finalized By Steve Sawyer Environmental Law, October 2012   On August 23rd, the Illinois Pollution Control Board (PCB) adopted the final Rule on Illinois’ Clean Construction or Demolition Debris (CCDD).
Radon as an issue for real estate closings: New home construction requirements By Myles Jacobs Environmental Law, October 2012 Thanks to the author's efforts, a new law has been passed in Illinois requiring that as of June 2013 new residential construction will have to include passive radon measures.
Supreme Court expands juror rights in environmental penalty cases By Raymond T. Reott Environmental Law, October 2012 Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Environmental Law, April 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
2011 veto session summary By Kent Mohr Environmental Law, March 2012 A summary of environmental bills introduced during the veto session of the 97th General Assembly. 
Institutional controls: The use of municipal ordinances and agreements as components of No Further Remediation Letters By Frank M. Grenard Environmental Law, March 2012  As a municipal attorney, the lawyer has a responsibility to inform the decision makers of requests for institutional controls, what they are, how they would benefit or be detrimental to the community, and to assure that the municipality would not bear any additional financial loss or liability. By the same token, the attorney should assure that the municipality understands that the business/development community needs assistance in obtaining closure of environmental incidents, many of them relatively minor in scale but they result in tremendous roadblocks to projects.
New Section 31 enforcement procedures By Coty Hopinks-Baul Environmental Law, March 2012 A detailed description of the enforcement process for practitioners not already familiar with the “Section 31 Process” and a brief discussion of the amendments to the process for those already familiar with it.
Radon as an issue for real estate closings By Myles Jacobs Real Estate Law, March 2012 While there presently is no law which requires a purchaser of a home to do a radon test, many purchasers have now become concerned and will conduct a radon test at the same time they do their home inspection.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Local Government Law, March 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
Recent decisions limit bankruptcy claims of PRP groups By Michele Gale Environmental Law, September 2011 The successful application of the Chemtura and Lyondell decisions to PRP claims in the Motors Liquidation Company bankruptcy could result in increasing the remediation obligations of other PRPs.
Recent environmental cases By William J. Anaya, Gene Schmittgens, and Alison K. Hayden Environmental Law, September 2011 Recent cases of interest to environmental lawyers.
The Chicago-area waterway system: How do we get over separation anxiety? By Amy Antoniolli Environmental Law, July 2011 It is estimated that more than 162 nonnative species live in the Great Lakes basin, and there are more to come.
Recent cases and rulemakings pending before the Illinois Pollution Control Board By Alison K. Hayden Environmental Law, July 2011 A summary of interest to environmental lawyers.
All appropriate inquiries into land acquisitions By Gene Schmittgens Environmental Law, June 2011 All appropriate inquiry requires that the purchaser perform a Phase I assessment which conforms with either the requirements of ASTM 1527-05, or the regulations promulgated by EPA.
Recent activity in the Illinois General Assembly Environmental Law, June 2011 A summary of bills from the Illinois General Assembly and legislative committees relating to environmental issues.
Changes and continued uncertainty for construction industry with CCDD law By Alison K. Hayden Environmental Law, February 2011 Public Act 96-1416 amends the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., to regulate facilities which accept soil and Clean Construction Demolition Debris for disposal.
Illinois EPA submits new vapor intrusion proposal By Raymond T. Reott Environmental Law, February 2011 Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
Seventh Circuit strikes down ruling affecting enforcement of the Clean Air Act By Gene Schmittgens Environmental Law, February 2011 A look at the case of United States of America v. Cinergy Corporation.
Equipment lessor deemed an “owner” under CERCLA, is liable for remediation costs By James A. Vroman and Genevieve J. Essig Environmental Law, October 2010 The recent case of United States v. Saporito provides a new perspective on who could be held liable for a release of hazardous substances as an “owner” under CERCLA.
New USEPA lead paint renovation rule By Raymond T. Reott Environmental Law, October 2010 Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Illinois adopts green building standards for state projects By Raymond T. Reott Environmental Law, September 2010 The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
In sites Government Lawyers, September 2010 A list of Web sites that disclose information about property and facilities.
New CERCLA settlement obstacles By Robert Olian Environmental Law, September 2010 A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Business and Securities Law, June 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
2010 Illinois legislation update as of 4/20/10 By Kyle Rominger Environmental Law, May 2010 Recent legislation affecting environmental law in Illinois.
Clean Water Restoration Act By Jeff Baker Environmental Law, May 2010 The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities By Jennifer J. Sackett Pohlenz Real Estate Law, May 2010 Including regulated substances like lead and asbestos in your pre-work planning can ultimately make for a smoother and more economical project.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Environmental Law, May 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.