Articles on Environmental Law

EPA seeks public comments for Lead and Copper Rule Federalism Consultation By Emily N. Masalski Environmental and Natural Resources Law, March 2018 The U.S. EPA will be collecting public comments from state and local government officials on proposed regulatory revisions to the Lead and Copper Rule until March 8, 2018.
Comparison of public trust and private rights on the shores of the Great Lakes By Bertram C. Frey Environmental and Natural Resources Law, February 2018 This article provides an overview of how the public trust doctrine has been applied to the shores of the Great Lakes in each of the eight Great Lakes states, and the differences among each state’s public trust jurisprudence.
Landlord beware By Raymond T. Reott Environmental and Natural Resources Law, October 2017 The case of People Ex rel Madigan v. Lincoln Limited reached an interesting distinction between the responsibilities of the tenant and the landlord, but ultimately the landlord remains at risk for whatever is done at its property, whether by tenants or even trespassers.
The legislative history of the Great Lakes Restoration Initiative By Kevin T. Carlson Environmental and Natural Resources Law, October 2017 Launched in 2010, GLRI so far has provided nearly $2 billion across five focus areas in a comprehensive effort to protect, preserve, and restore the Lakes.
CERCLA liability for air emissions? Ninth Circuit says no, denies petition for en banc rehearing By Kevin Haroff & Zachary Kearns Environmental and Natural Resources Law, August 2017 Last year's decision in Pakootas v. Teck Cominco Metals, Ltd., continues to make waves around the country.
Hazardous waste developments in the retail context By Patrick Paul Environmental and Natural Resources Law, August 2017 In addition to the federal Resource Conservation and Recovery Act ’s Hazardous Waste Generator Improvements Rule, EPA is also exploring new rules for managing hazardous waste pharmaceuticals, retail products like aerosol cans and consumer electronics, and protocols for reverse distribution of hazardous wastes from retail facilities.
Summary of Public Acts from the 99th Illinois General Assembly By Kent E. Mohr, Jr. Environmental and Natural Resources Law, August 2017 This article provides a summary of select environmental-related public acts from the later portion of the 99th Illinois General Assembly. Lead and water were hot topics this session, as one might imagine.
Key post acquisition obligations for BFPPs By Samantha Gibson Environmental and Natural Resources Law, May 2017 A discussion of the post-acquisition obligations one must satisfy in order to get the protection of a BFPP defense.
A look at National Waste and Recycling Association v. County of Cook: How much authority does a local government have over environmental issues By Lisle A. Stalter Environmental and Natural Resources Law, May 2017 The National Waste and Recycling Association is a not-for-profit entity that recently challenged Cook County’s Solid Waste Recycling Ordinance.
Industrial Growth Zones Program established through collaborative efforts of the City of Chicago and Cook County By Karen Kavanagh Mack Environmental and Natural Resources Law, March 2017 The City of Chicago and Cook County have recently launched a joint program aimed at spurring redevelopment of environmentally impacted, industrial real estate located in select areas of the City and/or Cook County.
Senate Bill 1673: The General Assembly’s attempt to cut and paste federal “water quality standards variance” provisions into Illinois law By Phillip R. VanNess Environmental and Natural Resources Law, March 2017 A new (to Illinois) process for addressing water quality standards is in the offing, and it warrants careful review.
Summary of the Clean Water Rule (CWR): Definition of “Waters of the United States” By Bertram C. Frey Environmental and Natural Resources Law, March 2017 The United States Supreme Court has issued three decisions that provide guidance in determining the appropriate scope of “waters of the United States” covered by the CWA.
Environmental basics revisited: A look at Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental and Natural Resources Law, November 2016 Although the decision in this case is pretty straightforward and not surprising, it is useful to have a confirmation of where the interpretation of the Act stands.
Opportunities for inexpensive environmental law CLE Environmental and Natural Resources Law, November 2016 Our section will present two live webcasts on November 30th for just $30 apiece.
The 2015 RCRA Solid Waste Rule and the 2016 TSCA Reform (The Frank R. Lautenberg Chemical Safety for the 21st Century Act) By William J. Anaya Environmental and Natural Resources Law, August 2016 In the last 12 months, Congress and US EPA have made significant changes to waste and chemical regulation that deserve some analysis.
Significant 2015 federal court decisions in environmental law By Kenneth Anspach Environmental and Natural Resources Law, August 2016 Make note of these important decisions affecting environmental laws.
Lenders and contaminated property By Eugene P. Schmittgens, Jr. Business Advice and Financial Planning, May 2016 Establishing proper safeguards and with a property with a viable end-use, contaminated properties can be profitable for all parties.
Competing approaches for adjusting non-settling CERCLA defendants’ liability in contribution claims By Samantha Gibson Environmental and Natural Resources Law, April 2016 This article examines the competing approaches courts apply when determining the liability of non-settling parties in CERCLA contribution claims.
Free Environmental CLE for ISBA members Environmental and Natural Resources Law, April 2016 Your ISBA membership may come with all the CLE you need.
LUST at 27: The Leaking Underground Storage Tank Fund and the incredibly invisible indemnification provisions By Phillip R. Van Ness & Craig Foster Environmental and Natural Resources Law, April 2016 There are as yet no set parameters for either accessing or preserving the LUST Fund.
Upcoming Professional Development Luncheon Environmental and Natural Resources Law, April 2016 Save the date for this informative lunchtime program.
Environmental insurance alert—Change to evidence rules threatens policyholders’ ability to recover under historic insurance policies By Scott J. Kaplan Environmental and Natural Resources Law, September 2015 A discussion of the Ancient Document rule and its usefulness.
How to counsel your client so that you both survive a regulatory inspection By Lisa A. Funderburg Corporate Law Departments, September 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.
Professional development opportunities By Kent Mohr Environmental and Natural Resources Law, September 2015 The ISBA Environmental Law Section will host a professional development luncheon on  October 21, 2015 from noon to 1:00 pm at the ISBA’s Chicago Office. Register now to participate!
Studio Session on Section 31 Enforcement By Kent Mohr Environmental and Natural Resources Law, September 2015 The ISBA’s Environmental Law Section Council will be sponsoring a live webcast program at 9:30 a.m. on October 22, 2015 titled "Navigating a Section 31 Enforcement Case."
CERCLA and the Supreme Court By John M. Barkett Environmental and Natural Resources 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 and Natural Resources 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 and Natural Resources 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 and Natural Resources 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 and Natural Resources Law, June 2015 A summary of select public acts from the 98th Illinois General Assembly (2013-2014) relating to environmental law.

Select a Different Subject