2015 Articles

CERCLA and the Supreme Court By John M. Barkett 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.

CERCLA’s contribution protection guidances: A problematic policy that may violate due process By Alfred R. Light September 2015 A look at how the Environmental Protection Agency and Department of Justice have been advocating what appears to be an unconstitutional policy.

The diminishing value of USEPA’s audit policy and the increasing value of privileged internal investigations By Jeffrey C. Corey January 2015 As useful as they may be for purposes of running and improving a business, audit reports may be equally useful to someone who has a reason to file suit against the company.

Editor’s notes By Raymond T. Reott September 2015 An introduction to the issue from Editor Ray Reott.

Environmental forensics By Tomlinson Fort & Larry Schmaltz May 2015 Environmental forensics is the use of scientific data analysis to answer questions about causation. Here are some questions you can ask your clients when the cause of a release is unknown.

Environmental insurance alert—Change to evidence rules threatens policyholders’ ability to recover under historic insurance policies By Scott J. Kaplan September 2015 A discussion of the Ancient Document rule and its usefulness.

Ever wonder how much it costs to clean up a leaking underground tank site? By Steve Anderson May 2015 In a transaction, clients may want to know what kind of costs to expect if the leaking underground storage tank at the property has to be dealt with after closing.

How to counsel your client so that you both survive a regulatory inspection By Lisa A. Funderburg 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 June 2015 An overview of how to handle a mold discovery.

Officer liability affirmed, but no retroactivity for Section 42(e) By Samantha Gibson May 2015 On March 19, 2015 the Illinois Supreme Court announced its decision in People ex rel. Madigan v. J. T. Einoder, Inc., clarifying that power to obtain mandatory injunctive relief under section 42(e) of the Illinois Environmental Protection Act is not retroactive and what constitutes involvement in violating the Act sufficient to find personal liability for a corporate officer.

Part one: Summaries of three U.S. Supreme Court cases interpreting the term “navigable waters” in the Clean Water Act By Christopher B. Grubb June 2015 Part One in this two-part series that examines the controversy over the scope of “navigable waters” and the “Waters of the United States” for purposes of the Clean Water Act and wetland permitting.

Professional development opportunities By Kent Mohr 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!

Recent environmental decisions: Illinois Pollution Control Board rulemakings By Kyle P. Carlson, Alison Hayden Kehrer, & Emily N. Masalski January 2015 The following summaries cover rulemakings currently pending and ongoing or recently concluded before the Illinois Pollution Control Board.

Seventh Circuit adopts continuous trigger for first-party property damage claim resulting from defect discovered after policies lapsed By Matthew Riley 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.

Studio Session on Section 31 Enforcement By Kent Mohr 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."

Summary of Public Acts for the 98th Illinois General Assembly By Kent E. Mohr, Jr. June 2015 A summary of select public acts from the 98th Illinois General Assembly (2013-2014) relating to environmental law.