Section Newsletter Articles on Environmental Law
Phase I Environmental Site Assessments: The familiar stranger
Real Estate Law
, February 2009
An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.
Illinois EPA submits indoor air quality proposal
, December 2008
As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.
, September 2008
The following is a brief review of environmental-related legislation signed into law in 2007.
Regulatory developments in 2007
, September 2008
The Illinois Pollution Control Board (“Board”) was created by the Illinois Environmental Protection Act (“Act”) and is responsible under that Act for adopting many of the environmental regulations at force in the State of Illinois.
Part One: Federal Administrative Environmental Law - Rulemaking
, April 2008
Editor’s Note: In this issue, we are presenting the first of a two part series on Federal Administrative Law by Bert Frey, Deputy Regional Counsel for Region 5 of United States Environmental Protection Agency and Nicole Wood from Bert’s staff in the Regional Counsel office.
Insurance coverage for bankruptcy claims
, March 2008
When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Guidance from above
, October 2007
In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
Supreme Court will hear global warming case
, September 2006
Just as this issue is going to press, the United States Supreme Court agreed to resolve the pending dispute related to the scope of USEPA’s regulatory powers with regard to carbon dioxide, one of the principle greenhouse gases emitted from motor vehicles.
Financial reporting for environmental claims
, June 2006
Editor’s Note: As federal courts convict the participants in the various financial scandals that rocked the corporate and financial accounting worlds the last several years, there also will be increased attention on the reporting of environmental liabilities.
Extension of “arranger” liability to suppliers of dry-cleaning equipment
, 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.