Editors’ NoteBy William J. AnayaEnvironmental and Natural Resources Law, March 2026A note regarding the current issue and a reminder to register for the award winning Environmental and Natural Resources Law Section's Spring Conference!
Energy Is the New Currency: Powerful Tax Incentives in Data Center Site SelectionBy Eric & M. Anderson, Laura Moran, & Scott S. NelsonEnvironmental and Natural Resources Law, March 2026For decades, the calculus behind data center site selection revolved around the familiar checklist: property tax abatements, sales tax exemptions, investment credits, and job creation incentives. But the new era of hyperscale computing and artificial intelligence has rewritten the playbook. In today’s landscape, megawatts matter just as much as marginal tax rates.
A Little Bit, on Little Bits of MicroplasticsBy William J. AnayaEnvironmental and Natural Resources Law, March 2026Microplastics have been making big waves in the headlines, but what are microplastics and how concerned should we be about the presence of microplastics in our environment? Sound science and high-quality toxicity data are essential to understanding the potential toxicity of microplastics. While the presence of microplastics may be concerning, the toxic effect of microplastics has yet to be determined.
Oil and Gas Law Ownership Rights and Surface IssuesBy David M. ForemanEnvironmental and Natural Resources Law, March 2026Historically, an owner of real estate, in fee simple absolute, was thought to own a pie shaped cubit, extending from the center of the Earth, all the way up to the heavens. This traditional rule of ownership is a gross over simplification which, as we shall see, does not truly apply in the case of oil and gas.
“Rewilding” in Illinois: 20 ILCS 805/805-135By William J. AnayaEnvironmental and Natural Resources Law, March 2026Learn more about "rewilding," P.A. 104-62; effective January 1, 2026, a new statute that seems largely symbolic rather than regulatory in its current form.
Bock Food Law & Policy Conference Agrivoltaics ObservationsBy Alan E. StumpfEnvironmental and Natural Resources Law, February 2026Esoteric subjects for most Illinois attorneys were presented in Carbondale, Illinois at the Simmons School of Law on September 19, 2025. However, after listening to the presentations (available online through ISBA) the information presented gives us a legal and policy background helpful to know when counselling our clients’ legal matters that relate to agricultural production.
Editors’ NoteBy William J. AnayaEnvironmental and Natural Resources Law, February 2026A preview of the topics covered in this month's issue of the Environmental Law Newsletter.
EPA and Corps of Engineers Release a Proposed New Definition of “Waters of the United States,” Limiting Federal JurisdictionBy Karl R. Heisler, Peter Hsiao, Douglas A. Henderson, Zaheer H. Tajani, Sydney Weiss, & Brittany ShaarEnvironmental and Natural Resources Law, February 2026In the continuing battle to define “waters of the United States,” the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication Proposed Rule on November 17 redefining WOTUS.
Recent Rule Making Matters of NoteEnvironmental and Natural Resources Law, February 2026Learn more about recent rules regarding environmental law, including regulation of five phthalates and one dozen 1,3-butadiene uses, proposing "threshold" risk for fomaldehyde, and more.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, September 2025A note from the Editor of the Environmental Law Section Council Newsletter regarding the current issue.
Illinois Expands General Jurisdiction Over Defendants in Toxic Tort CasesBy Michael P. MurphyEnvironmental and Natural Resources Law, September 2025Updates to the Illinois Code of Civil Procedure require businesses to "consent" to general jurisdiction in toxic exposure cases as a cost of doing business in Illinois.
Illinois Increases Maximum Civil Penalties for Environmental ViolationsBy Melissa Brown & Michael ScottEnvironmental and Natural Resources Law, September 2025A summary of the new legislation that increases the maximum civil penalty amounts for violations under the Illinois Environmental Protection Act.
Illinois Increases Maximum Civil Penalties for Environmental ViolationsBy Melissa Brown & Michael ScottCorporate Law Departments, September 2025A summary of the new legislation that increases the maximum civil penalty amounts for violations under the Illinois Environmental Protection Act.
Recent Legislation Affecting the Construction IndustryBy Samuel H. LevineConstruction Law, September 2025Learn more about 3 bills that will impact construction law, including amendments to the Home Repair and Remodeling Act Governing Attorneys Fees, the Illinois Receivership Act, and restrictions in the State Agency Retainage Act.
Streamlining Environmental Permitting Is Part of White House AI Action PlanBy Michael P. MurphyEnvironmental and Natural Resources Law, September 2025The White House recently released its new AI Action Plan, which aims to accelerate AI innovation, build American infrastructure, and lead in international AI diplomacy and security. Learn more about the impacts of this Plan on environmental regulations.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, August 2025A quick note from the Editor of the Environmental and Natural Resources Law Newsletter.
Lawyers, Environmental Law, and Citizens in Turbulent TimesBy Kimberly WellsEnvironmental and Natural Resources Law, August 2025A brief overview of the actions citizens can take to influence politics, particularly as it relates to environmental law and federal agencies.
Recent U.S. Supreme Court Decisions Impacting Environmental and Administrative LawBy William J. Anaya & Sophia BoothbyEnvironmental and Natural Resources Law, August 2025The Supreme Court of the United States (SCOTUS) has recently issued a series of decisions that have significantly reshaped the landscape of not only environmental law, but administrative law in general. Not satisfied with simply overruling the decades old Chevron deference, SCOTUS has imposed jurisdictional limits on agency action that reflect a broader trend curbing agency discretion and reinforcing judicial oversight.
Editors’ NoteBy William J. AnayaEnvironmental and Natural Resources Law, July 2025A Note from the Editors of the Environmental Law Newsletter.
Environmental and Natural Resources Law Conference CollageEnvironmental and Natural Resources Law, July 2025The ISBA Environmental and Natural Resources Law Section hosted the 23rd annual Environmental and Natural Resources Law Conference on May 22-23, 2025, at the IIT Chicago-Kent College of Law.
Illinois General Assembly Passes Bill Banning Carbon Sequestration Near Mahomet AquiferBy John H. HendersonEnvironmental and Natural Resources Law, July 2025The Illinois General Assembly has passed a bill banning carbon sequestration over, under, or through a “sole source aquifer.” SB 1723 passed the Senate by a vote of 55-0 on April 10 and passed the House by a vote of 91-19 on May 20. Upon signing by Governor Pritzker, the bill will become law. The Mahomet Aquifer is the only sole source aquifer in Illinois, and the bill applies only to carbon sequestration activities near that aquifer.
Illinois Has a “Climate Bank!” What Does It Do?Environmental and Natural Resources Law, July 2025The Illinois Climate Bank, created by the 2021 Climate and Equitable Jobs Act, funds clean energy and climate projects across the state. It supports grid upgrades, solar for low-income communities, EV charging, energy efficiency loans, and small business financing. Backed by federal and state funds, the bank promotes job creation, emissions reduction, and energy equity. A second fund, the Clean Energy Jobs and Justice Fund, focuses on underserved communities, while rural areas benefit from the Green Bank for Rural America.
Illinois Joins Coalition Suing Trump Administration on Energy Executive OrderBy Craig R. HedinEnvironmental and Natural Resources Law, July 2025On January 20, 2025, President Trump declared a national energy emergency to fast-track energy projects, citing unreliable energy supply. A coalition of 15 states sued, arguing the emergency is unjustified and the order unlawfully bypasses environmental laws, risking harm to people, wildlife, and state interests. The case may reach the Supreme Court.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, March 2025Save the date for ISBA’s 23rd Annual Environmental Law Conference on Thursday, May 22, 2025 and Friday, May 23, 2025 and an introduction to the issue from the editor.
U.S. Senate Committee Unanimously Reports Brownfields Reauthorization LegislationBy Michael GalanoEnvironmental and Natural Resources Law, March 2025The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date, floor consideration has not been scheduled, and a U.S. House of Representatives companion measure has not yet been introduced in the 119th Congress.
What Is New in PFAS Remediation Technology?By Eric BerryEnvironmental and Natural Resources Law, March 2025PFAS are found virtually everywhere, are highly durable, and are regulated at very low levels (parts per trillion) at both state and federal levels. This article discusses utilizing effective treatment technology to remediate PFAS.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, January 2025An introduction to the issue from the editor.
