Section Newsletters

Articles From William J. Anaya

U.S. EPA and OSHA Enforcement Policies in the Time of COVID-19 Provide Opportunities to Mitigate Penalties but Are No Defense for Non-Compliance By William J. Anaya Environmental and Natural Resources Law, October 2020 As a result of the COVID-19 pandemic, the U.S. Environmental Protection Agency and Occupational Safety and Health Administration announced relaxations to their enforcement policies—but it is important to note that neither excuse regulatory non-compliance.
Court Ordered Commercial Land Use Regulation And Religious Organizations By William J. Anaya Real Estate Law, April 2020 A summary of Fraternité Notre Dame v. County of McHenry, which deals with the federal Religious Land Use and Institutionalized Persons Act.
From the Chair By William J. Anaya Real Estate Law, April 2020 A note from the chair, William J. Anaya.
New Illinois Supreme Court rule promotes diversity of thought and experience By William J. Anaya Diversity Leadership Council, June 2019 The new Illinois Supreme Court Rule 794 requires licensed Illinois attorneys to attend one hour of diversity and inclusion instruction.
In America, we make things—that is what we do: How PFAS became the acronym du jour By William J. Anaya Environmental and Natural Resources Law, May 2019 Recently, new concerns have been raised with products that have been remarkably popular and effective—specifically, per- and polyfluoroalkyl substances.
A license to pollute? People v. Sterigenics By Matthew E. Cohn & William J. Anaya Environmental and Natural Resources Law, December 2018 An overview of People v. Sterigenics, in which the state of Illinois alleged that Sterigenics emitted toxic gas into the atmosphere in violation of the Illinois Environmental Protection Act.
What color is your contract? By William J. Anaya Real Estate Law, June 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
What color is your contract? By William J. Anaya Environmental and Natural Resources Law, March 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
The 2015 RCRA Solid Waste Rule and the 2016 TSCA Reform (The Frank R. Lautenberg Chemical Safety for the 21st Century Act) By William J. Anaya Environmental and Natural Resources Law, August 2016 In the last 12 months, Congress and US EPA have made significant changes to waste and chemical regulation that deserve some analysis.
The “M” word—Mold is manageable By William J. Anaya Environmental and Natural Resources Law, June 2015 An overview of how to handle a mold discovery.
The “M” word—Mold is manageable By William J. Anaya Real Estate Law, May 2015 An overview of how to handle a mold discovery.
Battles over hydraulic fracturing moving to the hinterland By William J. Anaya Environmental and Natural Resources Law, January 2014 The recent case of Robinson Township, et al. v. Commonwealth of Pennsylvania, et al. is significant for a variety of reasons.
Royalties and existing oil & gas leases with horizontal drilling technology may not be what it seems By William J. Anaya Real Estate Law, January 2014 With hydraulic fracturing on the horizon in Illinois, lawyers should review existing oil and gas leases to determine if the royalty payment provision in the existing leases describes what is intended in 2014.
Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya Administrative Law, October 2013 To the extent that authorities in Illinois now have a rebuttable presumption, operators will be well served to discuss evidence of compliance with counsel, and develop a defensible Administrative Record with admissible evidence of compliance.
Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya Environmental and Natural Resources Law, September 2013 To the extent that authorities in Illinois now have a rebuttable presumption, operators will be well served to discuss evidence of compliance with counsel, and develop a defensible Administrative Record with admissible evidence of compliance.
Hydraulic fracturing in Illinois—What is an owner to do? By William J. Anaya Real Estate Law, September 2013 Hydraulic fracturing operations present many opportunities to owners, but those opportunities involve risks that must be understood, quantified, analyzed, accepted or rejected or shared.
Recent environmental cases By William J. Anaya, Gene Schmittgens, & Alison K. Hayden Environmental and Natural Resources Law, September 2011 Recent cases of interest to environmental lawyers.
Mentors: You can learn a lot from crash dummies and other ruminations By William J. Anaya Real Estate Law, March 2007 As a young lawyer, one of my mentors nominated me to the Illinois State Bar Association’s Real Estate Law Section Council.
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya Environmental and Natural Resources 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.
Call to arms: A 21st century call to professionalism for real estate lawyers By William J. Anaya Real Estate Law, June 2004 Many of our younger colleagues consider me a dinosaur or an anachronism-a lawyer from a different age who actually ordered and reviewed abstracts of title and prepared scores of title opinion letters in the practice of law, and not as an academic exercise in some ancient social ritual at the Smithsonian.
The unauthorized practice of law in modern real estate transactions Quinlan & Tyson remains instructive and enforceable By Joseph R. Fortunato & William J. Anaya Real Estate Law, May 2002 It is no surprise to real estate lawyers that non-lawyers involved in related real estate business are devising creative methods designed to increase their market share and their profits.
Wetland regulation since the demise of the “Migratory Bird Rule”—more muddy water? By William J. Anaya Real Estate Law, March 2002 * The Corps of Engineers' authority under the federal Clean Water Act was clearly limited by the U.S. Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S.159, 121 S. Ct. 675 (2001), but, one year later, the regulatory boundaries are less clear now than before.

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