Publications

Section Newsletter Articles From Lisle A. Stalter

A look at People v. Nagle Station, LLC: Is intervention possible in environmental enforcement actions? By Lisle A. Stalter Environmental Law, September 2018 Although it is an unreported decision, the recent first district decision of People v. Nagle Station, LLC is worth taking a look at with respect to private party intervention in state environmental enforcement actions.
A look at National Waste and Recycling Association v. County of Cook: How much authority does a local government have over environmental issues By Lisle A. Stalter Environmental Law, May 2017 The National Waste and Recycling Association is a not-for-profit entity that recently challenged Cook County’s Solid Waste Recycling Ordinance.
Environmental basics revisited: A look at Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, November 2016 Although the decision in this case is pretty straightforward and not surprising, it is useful to have a confirmation of where the interpretation of the Act stands.
What next: Enforcing an administrative adjudication order By Lisle A. Stalter Local Government Law, July 2016 What enforcement remedies will a court impose for a respondent who is ordered to take certain action in response to an ordinance violation and fails to do so? Will a court hold such respondent in contempt?
Conditions on special use permits: Will they be upheld if challenged? By Lisle A. Stalter Local Government Law, December 2015 Special uses (also commonly referred to as “conditional uses”) are a great zoning tool for local governments to allow for uses that are infrequent and have unique impacts and yet are desirable.
A look at Meade v. City of Rockford: settling agreements with a municipality By Lisle A. Stalter Local Government Law, June 2015 The court’s discussion is enlightening to the settlement process for local governments.
Prevailing party versus nominal awards: A look at Aponte v. City of Chicago By Lisle A. Stalter Federal Civil Practice, June 2015 A judgment in favor of the plaintiff doesn't necessarily mean the plaintiff is a “prevailing party” for an award of attorney fees.
Timing is everything … or is it? By Lisle A. Stalter Local Government Law, August 2014 A wise attorney will advise her client to look at the basis for a Family and Medical Leave Act request. If it is a medical condition that can occur or flare up at any point in time, a certificate issued after the date of the requested/taken leave may be reliable.
Emergency motions… is there really a fire? By Lisle A. Stalter Federal Civil Practice, September 2013 The author provides a review of the rules applicable to emergency motions.
Becoming more aware: A few tips on keeping you and your family safe By Lisle A. Stalter Government Lawyers, June 2013 The author shares some of the tips she learned after her office recently participated in a safety training class.
Successful application of the Family Medical Leave Act: Lessons learned from McClelland v. CommunityCare HMO, Inc. By Lisle A. Stalter Local Government Law, May 2013 McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA.
Seventh Circuit analyzes causation in a zoning case—is delay compensable? By Lisle A. Stalter Federal Civil Practice, December 2012 The recent case of Guth v. Tazewell County considered whether delay in granting rezoning relief created liability for a local government.
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Federal Civil Practice, June 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Local Government Law, May 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Environmental Law, April 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Local Government Law, March 2012 This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
The Political Question Doctrine applied—A look at Moore v. Grafton Township Board of Trustees By Lisle A. Stalter Local Government Law, September 2011 A brief look at the Moore v. Grafton case and the political question doctrine as it has been applied to local governments in Illinois.
Lessons learned from FCC v. AT&T: A look at the recent U.S. Supreme Court case By Lisle A. Stalter Local Government Law, June 2011 Although there are some fundamental difference in the federal Freedom of Information Act (“FOIA”) and the Illinois equivalent, lessons can be learned from the analysis of the recent U.S. Supreme Court decision in Federal Communications Commission v. AT&T.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
From the Chair By Lisle A. Stalter Government Lawyers, June 2010 An introduction to the issue from the committee's chair.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
From the Chair By Lisle A. Stalter Government Lawyers, April 2010 An introduction to the issue from Committee Chair Lisle Stalter.
In-Sites By Lisle A. Stalter Government Lawyers, April 2010 Useful Web sites to help you save money.
From the Chair By Lisle A. Stalter Government Lawyers, December 2009 It is hard to believe it is already fall and that a new issue of the newsletter is in the works. It has been a busy couple of months for the Committee on Government Lawyers. The Rules of Professional Conduct Program is set for December 10th. If you have not already registered, now is the time. Take advantage of the special $30 pricing and earn two hours of Professionalism credit.
From the Chair By Lisle A. Stalter Government Lawyers, September 2009 On July 1, 2009, the Illinois Supreme Court entered an order that repeals the Illinois Rules of Professional Conduct effective January 1, 2010, and replaces them with the Illinois Rules of Professional Conduct 2010.
The Freedom of Information Act and employment contracts: A case review of Stern v. Wheaton-Warrenville Community Unit School District 200 By Lisle A. Stalter Government Lawyers, December 2008 It seems that just a couple of years ago there were only a handful of cases discussing the Freedom of Information Act and its exemptions.
Discarded materials revisited: A case review of Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, May 2008 We all knew that it would not be too long before a case came along looking at the Alternate Fuels opinion and its impact and implications on what constitutes waste and discarded materials.
Reppert v. Southern Illinois University—employment contracts and the Freedom of Information Act By Lisle A. Stalter Government Lawyers, December 2007 There are surprisingly few cases discussing the Freedom of Information Act1 and its exceptions—particularly when it comes to personnel files.
News Flash: Illinois Appellate Court cases decided prior to 1935 are not precedential By Lisle A. Stalter Government Lawyers, September 2007 One thing that I have learned over the years is that there is always something new to learn in the law.
Does a public employee have a right to closed meeting minutes of the discussion of her employment? A case review of Wisconsin Appellate Court case Sands v. Whitnall School District By Lisle A. Stalter Government Lawyers, June 2007 Although we do not typically see a discussion of cases from other states in the Government Lawyers’ newsletter, a recent decision from Wisconsin raises an interesting question.

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