Publications

Section Newsletter Articles on Environmental Law

U.S. EPA argues no implied right of contribution for PRPs under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. Environmental Law, September 2006 In the October, 2005 issue of the newsletter, we reported on the case of Metropolitan Water Reclamation District of Greater Chicago v. Lake River Corp., 365 F. Supp. 2d 913 (N.D. Ill. 2005).
Do you want fries with that? Biodiesel regulation in America By Christine LeBel Environmental Law, June 2006 Your local greasy spoon might provide a partial solution to the problem of U. S. dependence on foreign oil. New state and local laws are helping, including an Illinois law just signed last year.
Financial reporting for environmental claims By Chris Blume Environmental Law, 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 By Jorge Mihalopoulos Environmental Law, 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.
General Assembly expands IEPA’s powers and public notice duties By Jorge Mihalopoulos Environmental Law, February 2006 On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya Environmental Law, February 2006 Environmental cleanup liability has been a consideration in commercial real estate transactions for the past two and one-half decades, but the law’s response to that stimulus has changed significantly in just the past few years.
Groundwater and the CWA By Lisa A. Kirschner Environmental Law, 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).
Reading a Phase I environmental report By Raymond T. Reott Environmental Law, October 2005 By this time, any sizeable real estate or business transaction includes a Phase I environmental assessment.
Recent cases of note for Illinois environmental law practitioners By Joseph R. Podlewski, Jr. Environmental Law, October 2005 Several cases have been decided in Illinois and federal courts over the past six months that are significant to environmental law practitioners.
Regulatory status update: Perchlorate summary of federal and state regulations By Becky Raftery and Steven M. Siros Environmental Law, May 2005 One of the more confounding environmental issues to emerge in the last several years is the emergence of "new" contaminants, particularly at sites already undergoing remediation or that in some cases have been completely remediated.
Phase II stormwater discharge permits and the Tenth Amendment By Jorge Mihalopoulos Environmental Law, 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.
The use of TMDLs to regulate nonpoint sources of water pollution By Jorge Mihalopoulos Environmental Law, January 2004 A nonpoint source of water pollution is generally understood to be pollution in the form of runoff from farming, ranching, forestry and land development activities.
The tide rises once again: Definition of wetlands revisited By James K. Weston Mineral Law, December 2003 A recent Virginia case, Treacy v. Newdunn Associates, analyzed once again the definition of "navigable waters" under the Clean Water Act.
The process of siting a municipal waste transfer station or landfill By David W. McArdle Antitrust and Unfair Competition Law, October 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
The process of siting a municipal waste transfer station or landfill By David W. McArdle Local Government Law, August 2003 Siting municipal or county waste transfer stations and landfills presents unusual problems for local governments.
Clerk’s Office On-Line: Illinois Pollution Control Board’s “COOL” By Claire A. Manning and Richard R. McGill Environmental Law, December 2002 Ever since its introduction at the Illinois Pollution Control Board's 25th anniversary in Chicago in 1995, the Board's Web site has become a widely-used resource.
“Up the ladder” or “up the creek”? Environmental counsel and the strange new world of Sarbanes-Oxley By Phillip R. Van Ness Environmental Law, December 2002 In an earlier edition of this newsletter, we advised readers that the environmental practitioner may find himself/herself entangled in the attorney regulatory rules to be promulgated by the Securities and Exchange Commission (SEC) in response to the so-called Sarbanes-Oxley Act of 2002 (Public Law No. 107-204) (the Act).
Environmental attorneys may catch chill from new corporate ethics legislation By Phillip R. Van Ness Environmental Law, October 2002 They say an ill wind blows no good, and environmental practitioners may find themselves in the midst of a gale.
IERRC scores first “win” in drive to update the Illinois Environmental Protection Act By Phillip R. Van Ness Environmental Law, October 2002 As most readers of this newsletter know, Governor Ryan created the Illinois Environmental Regulatory Review Commission (IERRC) by Executive Order #18 in December of 1999.
Of peekaboo bonds and offers of proof: Court affirms Pollution Control Board holding that EPA not barred from denying landfill permit due to dropped surety By Phillip R. Van Ness Environmental Law, October 2002 Sometimes a company's environmental problems aren't related to the environment at all. Witness a recent (May 15, 2002) Third District case, Community Landfill Company v. Pollution Control Board.
Supreme Court finds “Migratory Bird Rule” exceeds authority of the Federal Clean Water Act By Chuck Gunnarson Environmental Law, July 2001 On January 9, 2001 the United States Supreme Court issued an opinion addressing a controversial rule used by the United States Army Corps of Engineers ("Corps") to regulate the use of certain types of wetlands for nearly fifteen years.
First District panel agrees: sometimes, less (costs) more By Phillip R. Van Ness Environmental Law, 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 By Phillip R. Van Ness Environmental Law, 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.
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
Update: Eighth Circuit Court of Appeals hands Harmon and friends big win over USEPA on “overfiling” issue By Phillip R. Van Ness Environmental Law, January 2000 Readers of this newsletter will recall my recent comments regarding a decision by the U.S. District Court for the Western District of Missouri (Smith, J.) in Harmon Industries, Inc. v. Browner, 19 F.Supp.2d 988 (W.D. Mo. 1998)