Articles on Environmental Law

Summary of New ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments By Vincent Oleszkiewicz & Julia Wu Environmental Law, March 2022 A brief summary highlighting the primary modifications to the Phase I ESA requirements promulgated under the new E1527-21 standard.
Municipalities Need to Fix Their Sewers By Raymond T. Reott Environmental Law, December 2021 All across Americas, cities are facing issues caused by wear and tear on their infrastructure. Sewer systems are particularly vulnerable to deterioration over time.
Reaffirmation of Policyholder’s Right to Pick Counsel By Raymond T. Reott Environmental Law, December 2021 With any environmental litigation, there is often collateral litigation involving insurance carriers for the defendants in an attempt to have them pay for the defense and any damages in the case. The carriers will typically defend under a reservation of rights relevant if the policies are triggered.
Tort Claim for Increased Risk of Harm By Raymond T. Reott Environmental Law, December 2021 In the recent case of Berry v. City of Chicago, the Illinois Supreme Court reaffirmed earlier decisions holding that increased risk of harm is not by itself sufficient for a negligence claim.
PFAS Litigation: Emerging Trends for the Latest Emerging Contaminant By Thomas A. Bloomfield, Samantha R. Caravello, Nicholas M. Clabbers, Sarah C. Judkins, & Sara V. Mogharabi Environmental Law, November 2021 A look at current per- and polyfluoroalkyl substances litigation and how it compares to litigation over other contaminants.
Plastic Pollution Litigation By Sarah J. Morath, Samantha Hamilton, & Amanda Thompson Environmental Law, November 2021 An analysis of recent litigation involving plastic pollution.
Illinois Issues One of the Lowest Health Advisory Guidance Levels in the Nation By Matt Walker & Jessica Rosell Environmental Law, March 2021 On January 28, 2021, the Illinois Environmental Protection Agency took a significant step forward to address a class of emerging contaminants in drinking water when it released non-enforceable Health Advisory Levels for four different per- and polyfluoroalkyl substances.
Killing Factory Farm Funding to Resuscitate the World Food Economy By Carlie Leoni & Kenneth Anspach Environmental Law, March 2021 Economic disruptions from a global pandemic combined with a movement toward conservation, sustainability, and animal welfare could provide the impetus for regulatory reform that alters farming from a self-interested industry to a more responsible and sustainable sector health­fully feeding a growing population.
Nationwide Permit 12: Vacatur, Modification, and Challenges By Lisa A. Decker Environmental Law, March 2021 A look at the ongoing legislation and rulemaking surrounding oil and gase pipeline permitting under Nationwide 12.
PFAS Gaining Legislative and Regulatory Traction By Patrick J. Paul Environmental Law, October 2020 In recent years, environmental and toxic tort practitioners have begun to focus on per- and polyfluoroalkyl substances.
1 comment (Most recent October 27, 2020)
In Defense of an Unpopular Drinking Water Rule By Eric L. Klein Environmental Law, August 2020 A look at the Lead and Copper Rule in light of the Environmental Protection Agency's 2019 proposed revisions to it.
No Balance Required: A Review of Injunctive Relief Under the Illinois Environmental Protection Act By James Morgan & Matthew Walker Environmental Law, August 2020 A review of the injunctive mechanisms available to governmental authorities and private parties under the Illinois Environmental Protection Act and the body of law surrounding a sweeping evolution of equitable relief that has developed since the spring of 1970.
Supreme Court Seeks Middle Ground in Landmark Clean Water Act Decision By Jorge Mihalopoulos Environmental Law, August 2020 An analysis of County of Maui v. Hawaii Wildlife Fund, the most significant Clean Water Act case decided by the U.S. Supreme Court in over a decade.
The Dicamba Roller Coaster Continues By Jeffrey A. Mollet Agricultural Law, June 2020 A recent ninth circuit opinion found that the conditional registration of three dicamba-based herbicides was improperly issued by the Environmental Protection Agency.
The Right to Setoff in Bankruptcy: Debtors vs. Farm Service Agency By Jeffrey A. Mollet Agricultural Law, June 2020 An interesting issue as to the right of setoff, or lack thereof, was recently addressed in a farm bankruptcy dispute between husband and wife debtors and the Farm Service Agency.
Trump Administration’s Navigable Waters Protection Rule Reduces the Reach of the Clean Water Act By Jorge Mihalopoulos Environmental Law, June 2020 On April 21, 2020, the U.S. Army Corps of Engineers and Environmental Protection Agency achieved a top priority of the Trump Administration’s environmental agenda: Narrowing the scope of the Clean Water Act by officially replacing the Obama Administration’s Clean Water Rule.
U.S. Supreme Court Confirms Landowners’ Right to Seek Remediation Costs at Superfund Sites Under State Law By Shari Lumb Milewski & Robert Petti Environmental Law, June 2020 In April, the U.S. Supreme Court decided Atlantic Richfield Co. v. Christian, (2020), a case involving landowners who sought to use state law claims in nuisance, trespass, and strict liability to compel Atlantic Richfield Co. to conduct a more extensive cleanup than the U.S. Environmental Protection Agency had required under the Comprehensive Environmental Response, Compensation, and Liability Act.
National Defense Authorization Act Adds PFAS to Toxics Release Inventory By Richard Desrosiers & John Osbourne Environmental Law, February 2020 The National Defense Authorization Act was signed into law and became effective on December 20, 2019, adding several per- and polyfluoroalkyl substances to the Toxics Release Inventory program and reporting system.
Trump Weighs in on WOTUS and Repeals Obama’s Clean Water Rule By Jorge Mihalopoulos Environmental Law, February 2020 The phrase "waters of the United States" has caused ambiguity in hundreds of cases. Although the Trump administration has taken steps to replace the Clean Water Rule, it will not likely end the debate.
1 comment (Most recent March 9, 2020)
Significant 2018 Federal Court Decisions in Environmental Law By Kenneth Anspach Environmental Law, December 2019 Summaries of recent federal court decisions in environmental law.
A Tale of Three Levels: Cleanup Costs, Vanishing LLCs, and Frackers’ Futures By Prof. James T. O’Reilly Environmental Law, December 2019 The commercial value of fracking is well known, but what will be its lasting impact?
Environmental Law Column By Kel Goff Environmental Law, October 2019 Summaries of environmental law cases of interest.
Solar Energy in Illinois: An Overview of New Opportunities for Solar in Illinois By John Albers Environmental Law, October 2019 An overview of the substantial growth solar energy is poised to see under the Future Energy Jobs Act.
The Year in Review: Illinois Environmental Case Law Review By Lisle A. Stalter Environmental Law, October 2019 Summaries of recent Illinois environmental law cases.
Environmental law column By Kel Goff Alternative Dispute Resolution, May 2019 Summaries of environmental law cases of interest.
How to become a food lawyer: A smörgåsbord of tips from a seasoned practitioner By Michael R. Reese Environmental Law, May 2019 Food law in the United States is a vast and fascinating area that has grown tremendously in the last decade.
In America, we make things—that is what we do: How PFAS became the acronym du jour By William J. Anaya Environmental Law, May 2019 Recently, new concerns have been raised with products that have been remarkably popular and effective—specifically, per- and polyfluoroalkyl substances.
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.
The Great Lakes Legacy Act: History and implementation 2002-2018 By Emma Geiger Environmental Law, March 2019 The history and implementation of the Great Lakes Legacy Act over the past 16 years, from its inception to present day.
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.

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