Section Newsletter Articles on Environmental Law
Groundwater and the CWA
, October 2005
The scope of the federal Clean Water Act (CWA) has been the subject of substantial discussion and judicial review subsequent to the Supreme Court’s 2001 decision addressing isolated waters in Solid Waste Agency of Northern Cook County (SWANCC), 531 U.S. 159 (2001).
Phase II stormwater discharge permits and the Tenth Amendment
, June 2004
The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
First District panel agrees: sometimes, less (costs) more
, June 2001
A recent opinion of the First District Appellate Court (Second Division) confirms that where contract law and environmental law combine, minimalist environmental remedies purchased at the cost of protracted delay may be disfavored.
Third District panel gets the last word
, June 2001
In an otherwise unremarkable decision, the Third District Appellate Court has held that last-minute public comments by a landfill siting applicant and a biased staff in the employ of the final siting authority do not render the siting proceedings fundamentally unfair.