Section Newsletters

Articles on Environmental Law

Clean Water Act Jurisdiction: A Review of Sackett Cases One Year Later By Lisle A. Stalter & Williams J. Anaya Environmental and Natural Resources Law, April 2024 One year post Sackett et ux. v. Environmental Protection Agency, there were several significant decisions analyzing its applicability with differing interpretations.
U.S. EPA Releases Second Annual Progress Report on PFAS Strategic Roadmap By Andrea Quade & Michael Murphy Environmental and Natural Resources Law, April 2024 On December 14, 2023, the U.S. Environmental Protection Agency released its Second Annual Progress Report summarizing updates on the Agency’s actions and goals to address per and polyfluoroalkyl substances
2023 Environmental Statutes and Regulatory Amendments By William J. Anaya Environmental and Natural Resources Law, February 2024 Brief descriptions of new statutes, rules, and programs created by the Illinois General Assembly, the Office of the State Fire Marshall, Illinois Environmental Protection Agency, the Illinois Pollution Control Board, and the United States Environmental Protection Agency in 2023.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Corporate Law Departments, January 2024 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Agricultural Law, December 2023 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya Environmental and Natural Resources Law, October 2023 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.
Becoming an Environmental Attorney By Christine Zeman Law Related Education for the Public, May 2023 Advice for anyone considering a career in environmental law.
21st Annual Environmental Law Conference Environmental and Natural Resources Law, April 2023 The 21st Annual Environmental Law Conference is scheduled for May 11-12, 2023, at the Chicago Regional Office.
At the Intersection of Agriculture and Environmental Law: What Is New in the Old World By Lynne Ostfeld Environmental and Natural Resources Law, April 2023 An overview of solutions proposed by other countries to combat environmental problems.
Evaluating Emerging Contaminants Like PFAS as a Non-Scope Consideration By Kate Hendrickson Environmental and Natural Resources Law, April 2023 The American Society for Testing and Materials International El 527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" became effective on February 13, 2023, after a multi-year collaboration process and addressing significant public comments.
Historical Review of Liability under the Comprehensive Environmental Response, Compensation and Liability Act By Eugene P Schmittgens, Jr. Environmental and Natural Resources Law, April 2023 A summary and analysis of United States v. Pacific Hide & Fur Depot, Inc.
Recent Legislative Proposals Involving Environmental Law By William J. Anaya Environmental and Natural Resources Law, April 2023 Summaries of recent legislative proposals of interest to environmental law practitioners.
Attorney General Raoul Files Lawsuit Against Multiple Manufacturers Over Contamination by Toxic ‘Forever Chemicals’ Environmental and Natural Resources Law, March 2023 A press release issued by the Office of the Illinois Attorney General.
A Handful of Hot Button ESG Issues to Watch in 2023 By Bruce White Environmental and Natural Resources Law, March 2023 An overview of some of the emerging environmental, social, and governance challenges companies will face in the coming year.
A Refresher on Standing in Environmental Litigation By Lisle A. Stalter Environmental and Natural Resources Law, March 2023 A refresher on standing and summaries of recent caselaw.
US EPA Approves ASTM Standard E1527-21 By William J. Anaya Environmental and Natural Resources Law, March 2023 The United States Environmental Protection Agency recently amended 40 C.F.R Part 312 and formally approved the recently revised  ASTM Standard E-1527-21 as satisfying the “all appropriate inquiry” requirement for Phase I Environmental Site Assessments.
Environmental Justice Update: Five End-of-Year Lessons from EPA’s 2022 Efforts By J. Michael Showalter & David M. Loring Environmental and Natural Resources Law, January 2023 Environmental justice, formerly viewed as a theoretical goal, has become a unifying federal driver touching permitting, rulemaking, civil rights investigations, and policy setting across all sectors of environmental law, including those at the state and local governments.
EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections Environmental and Natural Resources Law, January 2023 A press release issued by the Environmental Protection Agency.
Holm v. Kodat: Another Perspective By Raymond T. Reott Environmental and Natural Resources Law, January 2023 An opinion on the Illinois Supreme Court's recent decision in Holm v. Kodat.
Holm v. Kodat: A Primer on Navigable Waterways, Riparian Rights, and the Role of the Judiciary By William J. Anaya Environmental and Natural Resources Law, October 2022 The Illinois Supreme Court recently affirmed the lower court's decision that an owner with riparian rights on a non-navigable waterway does not have the right to use that waterway to enter the property of another riparian owner without first obtaining permission.
U.S. Supreme Court Limits USEPA Authority in West Virginia v. EPA By Melissa S. Brown & Michael P. Murphy Environmental and Natural Resources Law, October 2022 On June 30, 2022, the U.S. Supreme Court issued an opinion addressing the United States Environmental Protection Agency’s authority to devise emissions caps for power plants based on a generation shifting approach.
Appellate Court Vacates Large Penalty By Raymond Reott Environmental and Natural Resources Law, June 2022 An Illinois appellate court panel reversed the trial court judgment regarding civil enforcement of the environmental laws at a famous dump site in Ford Heights.
Georgia Ruling Signals New Concerns for PFAS Users and Wastewater Treatment Systems By Catherine Masingill Environmental and Natural Resources Law, June 2022 A federal district court in Georgia found that certain wastewater treatment practices and uses of PFAS may create liability under the Clean Water Act.
Ownership and Use of the Subsurface: A Synthesis and Proposal By Paul K. Stockman Environmental and Natural Resources Law, June 2022 Despite the current and future importance of underground natural gas storage and underground injection of liquid waste, the governing legal rules are inconsistent and often unclear.
Summary of New ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments By Vincent Oleszkiewicz & Julia Wu Environmental and Natural Resources 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 and Natural Resources 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 and Natural Resources 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 and Natural Resources 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 and Natural Resources 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 and Natural Resources Law, November 2021 An analysis of recent litigation involving plastic pollution.

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