Publications

Section Newsletter Articles on Environmental Law

Encased asbestos: Dangerous or safe? By Becky J. Schanz Environmental Law, April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Indoor air inhalation update By Raymond T. Reott Environmental Law, February 2009 The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Legislative update By Kyle Rominger Environmental Law, February 2009 An overview of environmental legislation signed into law in 2008.
Management of urban soils as “Clean construction and demolition debris” By Joseph R. Podlewski, Jr. Environmental Law, February 2009 For several years those engaged in redevelopment of urban sites in Illinois have advocated the classification of soils containing contaminants (particularly lead and polynuclear aromatic hydrocarbons, or PNAs) within area background concentrations as “Clean Construction and Demotion Debris,” or “CCDD.”
Phase I Environmental Site Assessments: The familiar stranger By Phillip R. Van Ness 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 Environmental Law, 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.
Is there a private cause of action under the Illinois Environmental Protection Act? A curious history of an interesting issue By John L. Leonard Environmental Law, December 2008 Recent state and federal cases say no, there is no private cause of action under the IEPA.
Legislative update By Kyle Rominger Environmental Law, September 2008 The following is a brief review of environmental-related legislation signed into law in 2007.  
Regulatory developments in 2007 By Monica Rios Environmental Law, 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.
Reporting radioactive releases under the Environmental Protection Act By John VanVranken Environmental Law, September 2008 In 2005 and 2006, there were numerous press reports concerning releases of radioactive tritium from the Braidwood Nuclear Power Plant and from other nuclear power plants in Illinois.
Discarded materials revisited: A case review of Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, May 2008 We all knew that it would not be too long before a case came along looking at the Alternate Fuels opinion and its impact and implications on what constitutes waste and discarded materials.
Part Two: Federal Administrative Environmental Law - Permitting and Administrative Enforcement By Bertram C. Frey Environmental Law, May 2008 Editor’s Note: This is the second part of a two-part series on Federal Administrative Law in the environmental area by Bert Frey, Deputy Regional Counsel for Region 5 of the United States Environmental Protection Agency and Nicole Wood from Bert’s staff.
Working towards more successful environmental mediation (pt. 2) By Kurt Kamrath Alternative Dispute Resolution, May 2008 In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Part One: Federal Administrative Environmental Law - Rulemaking By Bertram C. Frey Environmental Law, 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.
Radon disclosure now required for residential property sales By Raymond T. Reott Environmental Law, April 2008 On January 1, 2008, the Illinois Radon Awareness Act (“the Act”) became effective.
Working towards more successful environmental mediation (Part 1) By Kurt Kamrath Alternative Dispute Resolution, April 2008 The practice of environmental mediation has numerous inherent benefits.
All Appropriate Inquiry at eight months: The more things change, the more they stay the same By Joseph R. Podlewski, Jr. Environmental Law, March 2008 The impact of the federal “All Appropriate Inquiry” regulations (40 C.F.R. Part 312) on the environmental assessment industry was the subject of much discussion among environmental professionals following the publication of the final AAI rules in the Federal Register on November 1, 2005.
Insurance coverage for bankruptcy claims By Raymond T. Reott and Becky J. Schanz Environmental Law, 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.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Guidance from above By Raymond T. Reott Environmental Law, 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.
U.S. Supreme Court leads PRPs back to §107(a) for cost recovery under CERCLA By Kyle Rominger Environmental Law, October 2007 In a unanimous decision, the United States Supreme Court has ended recent uncertainty regarding cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).
Recent SEC enforcement of environmental financial disclosure By E. Lynn Grayson and Stephanie M. Ailor Corporate Law Departments, September 2007 In the past few months, the SEC has resolved a number of pending actions against corporate executives accused of engaging in improper environmental financial reporting.
Financial reporting 201: A review of key principles of environmental financial reporting By Chris Blume Environmental Law, July 2007 Last year, this newsletter included an analysis of the key principles of financial reporting of environmental claims. This article provides a further update and a brief summary of the key concepts.
One final warning before we call security: The debut of chemical facility anti-terrorism standards By T.J. Hunter Environmental Law, July 2007 Congress has authorized the Department of Homeland Security (DHS) to promulgate interim final regulations establishing risk based performance standards for the security of chemical facilities.
Illinois ethical release reporting dilemmas for environmental attorneys, engineers and geologists By Raymond T. Reott and Becky J. Schanz Environmental Law, April 2007 This article will examine the confidentiality duties of Illinois attorneys and other environmental professionals with regards to the release reporting obligations.
Fear and loathing in the Wetlands: Murder on the Kumbaya Express—“It Ain’t That Pretty At All” By Thomas J. Immel Environmental Law, February 2007 What is the environmental practitioner to do in advising a “wetlands” client after Rapanos?
Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall? By Gene Schmittgens and Jessica Merrigan Environmental Law, February 2007 Not only did the Court’s decision in Cooper Industries, Inc. v. Aviall Services, Inc. eliminate the availability of contribution under CERCLA following a voluntary cleanup, it also has the potential to significantly limit the right of contribution for parties that have “settled” or wish to “settle” liability in an administrative setting.
Delegation Agreements under the Illinois Environmental Protection Act By Lisle A. Stalter Environmental Law, December 2006 The delegation agreement is a formal written agreement between the Illinois Environmental Protection Agency and a unit of local government.
Recent decision addresses landlord liability for lead-based paint hazard By T.J. Hunter Environmental Law, December 2006 Earlier this year the Fourth District of the Appellate Court of Illinois allowed tenants to pursue a private cause of action against a landlord and its agent even though the defendants had no knowledge of the presence of lead paint.
Supreme Court will hear global warming case Environmental Law, 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.