Section Newsletter Articles on Environmental Law
Lenders and contaminated property
Business Advice and Financial Planning
, May 2016
Establishing proper safeguards and with a property with a viable end-use, contaminated properties can be profitable for all parties.
Professional development opportunities
, 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!
Studio Session on Section 31 Enforcement
, 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."
CERCLA and the Supreme Court
, 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.
, 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.
Officer liability affirmed, but no retroactivity for Section 42(e)
, 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.
Recent environmental decisions: Illinois cases
, September 2014
The following Illinois case law summary presents a survey of some of the most important environmental law cases decided by Illinois state courts in the last year.
Owner of vacant property liable for CERCLA cleanup
, 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.
What is so great about a “No Further Remediation” letter anyway?
, January 2014
When deciding whether to buy, sell, hold, investigate, remediate, manage, or do anything else with or to your contaminated properties, the most important things to have are good data, good science, good counsel, good motives, and a healthy understanding of your tolerance of risk.
Lessees and superfund liability
, June 2013
In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.