Publications

Articles on Environmental Law

Reducing Nutrient Pollution: The Changing Legal Landscape

By Antonette R. Palumbo
October
2017
Article
Page 46
Non-profit organizations are turning to litigation against industrial point sources to reduce the amount of nitrate and phosphorus pollution in the state's waterways.

Proposed amendments to the Environmental Protection Act provide private causes of action

August
2017
Illinois Law Update
Page 18
The Illinois Senate has proposed a bill that would amend the Environmental Protection Act (EPA) by adding provisions that allow for public interest enforcement.

Pollution Control Board may conduct non-adjudicatory proceedings to adopt time-limited water quality standards

June
2017
Illinois Law Update
Page 18
This Act amends the Environmental Protection Act and provides that the Pollution Control Board may conduct non-adjudicatory proceedings to adopt a time-limited water quality standard for specified watersheds and bodies of water.

New corrosion prevention rules for community water projects and bridge infrastructure

April
2017
Illinois Law Update
Page 22
Public Act 99-0923 makes several changes to the Environmental Protection Act by adopting different corrosion prevention rules.

Regulation of water pollution relaxed to aid in administration of permits

September
2016
Illinois Law Update
Page 18
In an attempt to streamline the process relating to water pollution permits, the Pollution Control Board adopted amendments to the Permits section of Title 35.

New criteria for evaluating loan forgiveness applicants under the Water Pollution Control Loan Program

July
2016
Illinois Law Update
Page 18
The Illinois Environmental Protection Agency ("IEPA") adopted amendments to Procedures for Issuing Loans from the Water Pollution Control Loan Program. 35 Ill. Adm. Code 365 (eff. Apr. 1, 2016)

New pollution standards affecting municipal water systems

July
2016
Illinois Law Update
Page 18
The Pollution Control Board ("PCB") adopted amendments to the following sections: Introduction, Permits, and Ownership and Responsible Personnel. 35 Ill. Adm. Code 601-603 (eff. Apr. 15, 2016).

New developments in the Conservation District Act

April
2015
Illinois Law Update
Page 16
Under the Conservation District Act, "development" is now defined as "the improvement or maintenance of existing trails, parking lots, bridges, roads, picnic shelters, and other improvements, adding or improving access to ...

New guidelines for household goods recycling bins

April
2015
Illinois Law Update
Page 16
Under this amendatory act, counties are free to enact ordinances mandating that household goods recycling bins have a label that is permanent, written, and printed. Additionally, the contents of the label will include...

Department of Natural Resources permit revocation and eviction procedures

October
2014
Illinois Law Update
Page 472
The Department of Natural Resources ("DNR") amended the procedures for revoking and suspending Department-issued licenses, permits, and privileges to penalize conservation offenses and criminal code violations. 17 Ill. Adm. Code 2530 (eff. July 25, 2014).

Urban flooding studies and reports must be completed by June 2015

October
2014
Illinois Law Update
Page 472
As provided by the Urban Flooding Awareness Act, by June 30, 2015, the Department of Natural Resources must submit a report to the Governor and General Assembly regarding flooding in urban areas.

Increased issuance of water supply construction permits

September
2014
Illinois Law Update
Page 424
According to the EPA's adopted amendment, the agency will issue public water supply construction permits despite an applicant's previous violations of the Illinois Environmental Protection Act. 35 Ill. Adm. Code 652 (eff. June 30, 2014).

Easing synthetic plastic microbeads out of commerce

August
2014
Illinois Law Update
Page 372
Due to the potential environmental impact of plastic microbeads on aquatic organisms, as of December 31, 2017, it shall be illegal to manufacturer for sale personal care products that contain synthetic plastic microbeads, with the exception of over the counter drugs.

Certification for drinking water examiners

June
2014
Illinois Law Update
Page 272
Pursuant to the Public Water Supply Operations Act, the Illinois Environmental Protection Agency ("EPA") has set forth procedures to obtain a drinking water operator certification. 35 Ill. Adm. Code 681 (eff. Apr. 1, 2014).

IEPA to consider issuing beneficial use determinations for asphalt shingle recycling

May
2014
Illinois Law Update
Page 220
The Illinois Environmental Protection Agency (IEPA) may make determinations that materials normally required to be managed as waste be managed as non-waste if the material will be used beneficially and "in a manner that is protective of human health and the environment."

New designations for water quality standards

May
2014
Illinois Law Update
Page 220
In line with the Clean Water Act's goal of protecting aquatic wildlife, the Pollution Control Board (the "Board") adopted new aquatic life use designations. 35 Ill. Adm. Code 303 (eff. Feb. 13, 2014).

Fracking Comes to Illinois

By Leonard S. Kurfirst and Colin P. O’Donovan
August
2013
Article
Page 404
What exactly is fracking? How big an impact might it have in Illinois? This article reviews the process and the new state law.

Environmental Law Resources for Illinois Attorneys

By Tom Gaylord
May
2013
Column
Page 260
There's a plenty of free, online primary environmental law.

Amendments to sewer discharge criteria

April
2013
Illinois Law Update
Page 176
The Illinois Pollution Control Board (the "Board") recently adopted amendments to regulations governing wastewater pretreatment regulations. 35 Ill. Adm. Code 307.

Implementing rules for landscape waste composting and on-farm composting facilities

February
2013
Illinois Law Update
Page 72
Recently adopted administrative rules regulate the issuance of permits for maintenance of waste composting areas or facilities that exceed applicable rates.

Electric utility environmental disclosures may now be made electronically or through the mail. PA 097-1092

January
2013
Illinois Law Update
Page 16
The General Assembly has amended the Public Utilities Act to alter the environmental disclosure delivery requirements.

Revisions to groundwater quality regulations

January
2013
Illinois Law Update
Page 16
The Illinois Pollution Control Board (the "Board") recently adopted amendments to groundwater quality regulations. 35 Ill. Adm. Code 620.

Electric vehicle car sharing grants

December
2012
Illinois Law Update
Page 632
The recently amended Alternative Fuels Program ("AFP"), executing and as authorized by Sections 15 and 30 of the Alternate Fuels Act [415 ILCS 120/15 and 30], governs procedures for applying for alternate fuel vehicle rebates and electric vehicle car sharing grants. 35 Ill. Admin. Code 275.

Local boards of trustees may sell treated wastewater. PA 097-1000

December
2012
Illinois Law Update
Page 632
Illinois lawmakers have amended the role of boards of trustees of the sanitary districts formed under the Sanitary District Act of 1917. 70 ILCS 2405/7.

Changes to special waste hauling permits

October
2012
Illinois Law Update
Page 520
The Illinois Pollution Control Board ("the Board") recently adopted amendments to the regulations governing special waste hauling. 35 Ill. Adm. Code 809.

Standards and limitations for organic material emissions for area sources

August
2012
Illinois Law Update
Page 404
The Illinois Pollution Control Board ("the Board") recently adopted amendments and introduced a new section to the regulations governing standards and limitations for organic material emissions for area sources. 35 Ill. Adm. Code 223.

Changes to the administrative requirements for underground storage tanks

May
2012
Illinois Law Update
Page 240
The Office of the State Fire Marshall (OSFM) recently added a new subpart to the regulations governing underground storage tanks. 41 Ill. Admin. Code 176.600. The statutory authority for these changes is the Gasoline Storage Act (430 ILCS 15).

Implementation of effluent standards in certain recreation waters

May
2012
Illinois Law Update
Page 240
The Illinois Environmental Protection Act (415 ILCS 5/13 and 27) authorizes the adoption of regulations to promote the purposes of the Environmental Protection Act, including but not limited to regulations as required by circumstances for different contaminant sources and different geographical areas and special provisions for alert and abatement standards for occurrences of pollution constituting an acute danger to health.

Registration of Smaller Sources Program

March
2012
Illinois Law Update
Page 132
The Illinois Pollution Control Board ("the Board") created a new Registration of Smaller Sources (ROSS) Program intended to simplify air regulatory requirements by requiring sources with low emissions to register with the Illinois Environmental Protection Agency ("the Agency") rather than requiring an air permit as authorized by sections 9.14 and 27 of the Environmental Protection Act. 35 Ill Adm Code 201.175.

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