Articles From Raymond T. Reott

New owner of contaminated property is liable for cleanup costs incurred before the purchase By Raymond T. Reott Business Advice and Financial Planning, April 2019 The phrase “buyer beware” has been part of the legal lexicon for many years. The third circuit recently reemphasized its appropriateness in the context of environmental risks in property transfers.
Illinois Supreme Court will decide dispute between Pollution Control Board and Illinois EPA By Raymond T. Reott Environmental Law, March 2019 In a pending Illinois Supreme Court case, County of Will v. Illinois Pollution Control Board, the court will shed some light on the authority of the Pollution Control Board and the Illinois Environmental Protection Agency.
New owner of contaminated property is liable for cleanup costs incurred before the purchase By Raymond T. Reott Environmental Law, March 2019 The phrase “buyer beware” has been part of the legal lexicon for many years. The third circuit recently reemphasized its appropriateness in the context of environmental risks in property transfers.
Landlord beware By Raymond T. Reott Environmental Law, October 2017 The case of People Ex rel Madigan v. Lincoln Limited reached an interesting distinction between the responsibilities of the tenant and the landlord, but ultimately the landlord remains at risk for whatever is done at its property, whether by tenants or even trespassers.
Editor’s notes By Raymond T. Reott Environmental Law, September 2015 An introduction to the issue from Editor Ray Reott.
USEPA wins cross state air transport pollution case By Raymond T. Reott Environmental Law, June 2014 In a 6-2 vote, the United States Supreme Court has reversed the decision of the District of Columbia Circuit Court of Appeals on an important Clean Air Act case.
Court limits application of Bona Fide Prospective Purchaser defense By Raymond T. Reott Environmental Law, March 2014 A discussion of the ramifications of the recent Voggenthaler v. Maryland Square LLC case.
Owner of vacant property liable for CERCLA cleanup By Raymond T. Reott Environmental Law, March 2014 The recent California decision in City of Banning v. Dureau illustrates the danger faced by a property owner who does not monitor and control activities on his vacant properties. 
Editor’s note: Developments in vapor intrusion rulemaking By Raymond T. Reott Environmental Law, February 2013 An introduction to the issue from Editor Ray Reott.
Newly proposed vapor intrusion restrictions By Raymond T. Reott Environmental Law, February 2013 On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.
Supreme Court expands juror rights in environmental penalty cases By Raymond T. Reott Environmental Law, October 2012 Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.
Unanimous Supreme Court allows pre-enforcement review under Clean Water Act By Raymond T. Reott Environmental Law, April 2012 A discussion of the recent case of Sackett v. EPA.
Illinois EPA submits new vapor intrusion proposal By Raymond T. Reott Environmental Law, February 2011 Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
New USEPA lead paint renovation rule By Raymond T. Reott Environmental Law, October 2010 Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Illinois adopts green building standards for state projects By Raymond T. Reott Environmental Law, September 2010 The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott & Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, March 2010 Courts have issued conflicting opinions on whether claims for injunctions ordering the cleanup of environmental contamination are discharged in a bankruptcy proceeding.
Vapor intrusion rulemaking stayed By Raymond T. Reott Environmental Law, January 2010 The Illinois Pollution Control Board has stayed the long-anticipated vapor intrusion rulemaking.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott & Becky J. Schanz Environmental Law, October 2009 In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Burlington Northern & Santa Fe Railway Co. v. U.S.: New rules for CERCLA arranger liability By Raymond T. Reott & Becky J. Schanz Environmental Law, July 2009 Even in an established area of law like CERCLA, there is room for revolutionary change.
Pollution Control Board questions Illinois EPA proposal on vapor intrusion By Raymond T. Reott Environmental Law, April 2009 On March 17, 2009, the Illinois Pollution Control Board held the second public hearing on the Illinois EPA proposal to add a vapor intrusion indoor air inhalation pathway to the existing TACO cleanup objective system.
Indoor air inhalation update By Raymond T. Reott Environmental Law, February 2009 The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Insurance coverage for bankruptcy claims By Raymond T. Reott & Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, April 2008 When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Radon disclosure now required for residential property sales By Raymond T. Reott Environmental Law, April 2008 On January 1, 2008, the Illinois Radon Awareness Act (“the Act”) became effective.
Insurance coverage for bankruptcy claims By Raymond T. Reott & Becky J. Schanz Environmental Law, March 2008 When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Guidance from above By Raymond T. Reott Environmental Law, October 2007 In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
Illinois ethical release reporting dilemmas for environmental attorneys, engineers and geologists By Raymond T. Reott & Becky J. Schanz Environmental Law, April 2007 This article will examine the confidentiality duties of Illinois attorneys and other environmental professionals with regards to the release reporting obligations.
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.
Former tank owners liable By Raymond T. Reott Environmental Law, May 2005 In at least some contexts, a fairly recent Illinois provision protects responsible parties subject to environmental claims from bearing more than their proportionate share of liability where multiple parties contributed to the problem.
Policyholder victory in Illinois Supreme Court By Raymond T. Reott Environmental Law, May 2005 With rare exception, the Illinois Supreme Court has been supportive of policyholders seeking insurance coverage under Comprehensive General Liability Policies for environmental contamination claims.
Pollution Control Board of Appeals By Raymond T. Reott Environmental Law, May 2005 Often, non-environmental practitioners involved in what would otherwise be routine environmental proceedings meet with unexpected consequences.

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