Articles on Environmental Law | Illinois State Bar Association

In this issue Environmental and Natural Resources Law, October 2002 This month's newsletter covers current developments in the courts, in Congress and in the Illinois Statehouse.

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 and Natural Resources 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.

2002 Illinois Environmental Conference Young Lawyers Division, August 2002 Whether your practice requires knowledge of environmental regulations, or you just want to learn more about the ecological system in which we live, the 2002 Illinois Environmental Conference has what you're looking for.

In This Issue Environmental and Natural Resources Law, April 2002 As many attorneys in Illinois know, practicing in the area of environmental law means handling matters before the Pollution Control Board.

An overview of the Illinois Pollution Control Board By Elaine Agnew Environmental and Natural Resources Law, April 2002 The Illinois Pollution Control Board was given the duties of determining, defining, and implementing the environmental control standards applicable in the State of Illinois and adopting rules and regulations in accordance with Title VII of the Environmental Protection Act by the Illinois General Assembly through the adoption of the Environmental Protection Act in 1970.

A chip off the ole’ block—a comparative analysis of the Illinois Environmental Protection Act and CERCLA By Matthew J. Cozzi Environmental and Natural Resources Law, March 2002 Many landowners, former owners, prospective purchasers and operators of potentially contaminated property in Illinois tread lightly (or, perhaps, should) in fear of liability under the broad umbrella of the Comprehensive Environmental Response, Compensation and Liability Act , commonly known as CERCLA.

New federal law continues trend towards relaxing requirements for small businesses and facilitating brownfields remediation By Phillip R. Van Ness Environmental and Natural Resources Law, March 2002 Now and then one encounters a piece of legislation that has surprising support across the political spectrum.

Practice tip: lead and toxic release inventory reporting Environmental and Natural Resources Law, March 2002 If a company you represent is required to submit a Toxic Chemical Release Inventory ("TRI") Form, also known as "Form R", check the recently lowered threshold for reporting lead.

Shifting responsibility under the new antidegradation rule By Margaret P. Howard Environmental and Natural Resources Law, March 2002 On February 21, 2002 the Illinois Pollution Control Board ("Board") adopted amendments to its "nondegradation" rule found at 35 Ill. Adm. Code 302.105.

First District pulls the “continuing trigger” on vertical exhaustion of pollution insurance coverage By Phillip R. Van Ness Environmental and Natural Resources Law, January 2002 In a somewhat strangely crafted opinion involving a case over which "difficulty of proof hovers ... like a dark cloud," an Illinois appellate court has apparently put to rest the concept of "Vertical Exhaustion" of insurance coverage for ongoing environmental damages.

In this issue Environmental and Natural Resources Law, January 2002 This month's newsletter covers environmental issues ranging from leaves to LUSTs.

A LUST for money; re-discovering the indemnification provisions of the Leaking Underground Storage Tank Program By Phillip R. Van Ness Environmental and Natural Resources Law, January 2002 Throughout its 15-year history, the Illinois Leaking Underground Storage Tank (LUST) Program has been subject to administrative buffoonery, extensive legislative tinkering1 and chronic underfunding.

Peoria County Board may seek permission to allow yard waste to be added to municipal landfills By Phillip R. Van Ness Environmental and Natural Resources Law, January 2002 It looks like the change of seasons is triggering more than falling leaves. A proposal before the Peoria County Board may have repercussions throughout the state.

Retooling the federal NSR program By Steven M. Siros Environmental and Natural Resources Law, January 2002 For many companies, especially those contemplating facility upgrades or facility modifications which affect air emissions, the federal New Source Review ("NSR") program is often viewed as an insurmountable hurdle that can stop a project in its tracks.

Does size matter in Illinois—The fallacy of the permit exemption By Kevin B. Hynes Environmental and Natural Resources Law, December 2001 What, you ask, does "size matter in Illinois" mean? Well, you'll ask yourself the same question when the Illinois Environmental Protection Agency ("IEPA") tells you that your on-site disposal operation is too big and requires a permit--even though the Illinois Environmental Protection Act ("Act") allows on-site disposal without a permit.

In this issue Environmental and Natural Resources Law, December 2001 This month's newsletter covers a few environmental issues and the topic of unauthorized practice of law.

Seventh Circuit rejects USEPA access/remediation order By Charles J. Northrup Environmental and Natural Resources Law, December 2001 In an interesting opinion that has garnered significant national attention, the United States Court of Appeals for the Seventh Circuit has rejected the United States Environmental Protection's Agency ("USEPA") attempt to obtain a dual access and remediation order pursuant to section 104(e)(5) of CERCLA.

Total maximum daily loads: rolling right along By Margaret P. Howard Environmental and Natural Resources Law, December 2001 On July 16, 2001, USEPA Administrator Christie Whitman called for further review of a newly adopted federal TMDL rule, published July 13, 2000.

Unauthorized practice of law and in-house counsel By Michael Todd Scott Environmental and Natural Resources Law, December 2001 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.

In this issue Environmental and Natural Resources Law, July 2001 This issue of the Environmental Law Section Council's newsletter features articles that address several water issues of which practitioners should be aware.

Supreme Court finds “Migratory Bird Rule” exceeds authority of the Federal Clean Water Act By Chuck Gunnarson Environmental and Natural Resources 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.

Suspended solids trading receives green light from Illinois Pollution Control Board Environmental and Natural Resources Law, July 2001 As anyone who has seen the Mississippi River will attest, it comes honestly by its nickname, "The Big Muddy."

Total maximum daily loads: a roadmap for water quality By Ivan J. Lieben & Craig A. Melodia Environmental and Natural Resources Law, July 2001 The goal of the Federal Water Pollution Control Act of 1972, later renamed the Clean Water Act (CWA), is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters."

Total maximum daily loads: Destination Illinois By Margaret P. Howard Environmental and Natural Resources Law, July 2001 This article briefly discusses the impaired waters found in Illinois, the causes of those impairments, and the Illinois EPA's options for achieving the TMDLs that are presently being developed.

Environmental insurance rescues the “lawsuit from hell” By Frederick S. Mueller Environmental and Natural Resources Law, June 2001 Following passage of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) in 1980, a prospective buyer (Buyer) of industrial property may have retained an environmental consulting firm to perform a "due diligence" investigation at the seller's (Seller) property.

First District panel agrees: sometimes, less (costs) more By Phillip R. Van Ness Environmental and Natural Resources 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.

In this issue Environmental and Natural Resources Law, June 2001 This issue starts with additional information from the chair of the Environmental Law Section Council, Diana Jagiella, about the 2001 Illinois Environmental Conference, to be held in Chicago on September, 21 & 22--mark your calendars!

New procedural rules guide for practitioners appearing before the Pollution Control Board By Elena Z. Kezelis Environmental and Natural Resources Law, June 2001 Albert Einstein's contributions to our understanding of the universe around us took many forms.

The Northern District rejects a private right of action under the Illinois Environmental Protection Act By Diana M. Jagiella Environmental and Natural Resources Law, June 2001 Based on a recent decision by the United States District Court for the Northern District of Illinois, Plaintiffs may no longer bring pendant state claims under the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq., in federal actions.

Third District panel gets the last word By Phillip R. Van Ness Environmental and Natural Resources 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.

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