Articles on Environmental Law

Fear and loathing in the Wetlands: Murder on the Kumbaya Express—“It Ain’t That Pretty At All” By Thomas J. Immel Environmental and Natural Resources Law, February 2007 What is the environmental practitioner to do in advising a “wetlands” client after Rapanos?
Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall? By Gene Schmittgens & Jessica Merrigan Environmental and Natural Resources Law, February 2007 Not only did the Court’s decision in Cooper Industries, Inc. v. Aviall Services, Inc. eliminate the availability of contribution under CERCLA following a voluntary cleanup, it also has the potential to significantly limit the right of contribution for parties that have “settled” or wish to “settle” liability in an administrative setting.
Delegation Agreements under the Illinois Environmental Protection Act By Lisle A. Stalter Environmental and Natural Resources Law, December 2006 The delegation agreement is a formal written agreement between the Illinois Environmental Protection Agency and a unit of local government.
Recent decision addresses landlord liability for lead-based paint hazard By T.J. Hunter Environmental and Natural Resources Law, December 2006 Earlier this year the Fourth District of the Appellate Court of Illinois allowed tenants to pursue a private cause of action against a landlord and its agent even though the defendants had no knowledge of the presence of lead paint.
Insurance notice obligations Environmental and Natural Resources Law, September 2006 In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Supreme Court will hear global warming case Environmental and Natural Resources Law, September 2006 Just as this issue is going to press, the United States Supreme Court agreed to resolve the pending dispute related to the scope of USEPA’s regulatory powers with regard to carbon dioxide, one of the principle greenhouse gases emitted from motor vehicles.
U.S. EPA argues no implied right of contribution for PRPs under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. Environmental and Natural Resources Law, September 2006 In the October, 2005 issue of the newsletter, we reported on the case of Metropolitan Water Reclamation District of Greater Chicago v. Lake River Corp., 365 F. Supp. 2d 913 (N.D. Ill. 2005).
Do you want fries with that? Biodiesel regulation in America By Christine LeBel Environmental and Natural Resources Law, June 2006 Your local greasy spoon might provide a partial solution to the problem of U. S. dependence on foreign oil. New state and local laws are helping, including an Illinois law just signed last year.
Financial reporting for environmental claims By Chris Blume Environmental and Natural Resources Law, June 2006 Editor’s Note: As federal courts convict the participants in the various financial scandals that rocked the corporate and financial accounting worlds the last several years, there also will be increased attention on the reporting of environmental liabilities.
Extension of “arranger” liability to suppliers of dry-cleaning equipment By Jorge Mihalopoulos Environmental and Natural Resources Law, May 2006 In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
Pollution Control Board rules, January 2006 By Kathleen M. Crowley & Marie E. Tipsord Environmental and Natural Resources Law, May 2006 The normally somewhat staid subject of rulemaking before the Illinois Pollution Control Board became Chicago Tribune front-page news January 5, 2006.
General Assembly expands IEPA’s powers and public notice duties By Jorge Mihalopoulos Environmental and Natural Resources Law, February 2006 On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya Environmental and Natural Resources Law, February 2006 Environmental cleanup liability has been a consideration in commercial real estate transactions for the past two and one-half decades, but the law’s response to that stimulus has changed significantly in just the past few years.
Groundwater and the CWA By Lisa A. Kirschner Environmental and Natural Resources Law, October 2005 The scope of the federal Clean Water Act (CWA) has been the subject of substantial discussion and judicial review subsequent to the Supreme Court’s 2001 decision addressing isolated waters in Solid Waste Agency of Northern Cook County (SWANCC), 531 U.S. 159 (2001).
Reading a Phase I environmental report By Raymond T. Reott Environmental and Natural Resources Law, October 2005 By this time, any sizeable real estate or business transaction includes a Phase I environmental assessment.
Recent cases of note for Illinois environmental law practitioners By Joseph R. Podlewski, Jr. Environmental and Natural Resources Law, October 2005 Several cases have been decided in Illinois and federal courts over the past six months that are significant to environmental law practitioners.
Former tank owners liable By Raymond T. Reott Environmental and Natural Resources Law, May 2005 In at least some contexts, a fairly recent Illinois provision protects responsible parties subject to environmental claims from bearing more than their proportionate share of liability where multiple parties contributed to the problem.
Policyholder victory in Illinois Supreme Court By Raymond T. Reott Environmental and Natural Resources Law, May 2005 With rare exception, the Illinois Supreme Court has been supportive of policyholders seeking insurance coverage under Comprehensive General Liability Policies for environmental contamination claims.
Pollution Control Board of Appeals By Raymond T. Reott Environmental and Natural Resources Law, May 2005 Often, non-environmental practitioners involved in what would otherwise be routine environmental proceedings meet with unexpected consequences.
Regulatory status update: Perchlorate summary of federal and state regulations By Becky Raftery & Steven M. Siros Environmental and Natural Resources Law, May 2005 One of the more confounding environmental issues to emerge in the last several years is the emergence of "new" contaminants, particularly at sites already undergoing remediation or that in some cases have been completely remediated.
Parent company liability for its subsidiary’s environmental performance By Kurt A. Strasser Environmental and Natural Resources Law, March 2005 When does the environmental performance of a subsidiary increase the risk of liability for corporate parents?
Supreme Court upholds Agpro By Raymond T. Reott Environmental and Natural Resources Law, March 2005 In the last edition of the newsletter, we featured the decision in People v. Agpro, Inc. 34 5 Ill.App. 3d 1011(First Dist. 2004) and the later legislative change to the related enforcement provisions of the Illinois Environmental Protection Act. 41 Ill.CS 5/1.
Using supplemental environmental projects as settlement tools By Christine Picker Rothchild & Raymond T. Reott Environmental and Natural Resources Law, March 2005 The scenario: Company X receives a Notice of Violation, a complaint from a government agency or a citizen's group, or even an administrative order.
CAFOs and air emissions By Michael C. White Environmental and Natural Resources Law, November 2004 Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
Case Review: People v. J. Harrison as Trustee under trust No. 410 - A look at the use of alternative service in environmental enforcement actions By Lisle A. Stalter Environmental and Natural Resources Law, November 2004 Many techniques have been used to protect property owners from liability for the condition of their property.
General Assembly legislatively overrules Ryan v. Agpro By Jorge Mihalopoulos Environmental and Natural Resources Law, November 2004 In January of 2004, the Appellate Court of Illinois for the Second District decided Ryan v. Agpro, Inc., 345 Ill. App. 3d 1011, 803 N.E.2d 1007, 281 Ill.Dec. 386 (2nd Dist. 2004).
Supreme Court wrap-up By Channing J. Martin Environmental and Natural Resources Law, November 2004 (Notice to librarians: The following issues were published in Volume 34 of this newsletter during the fiscal year ending June 30, 2004: August, No. 1; October, No. 2; January, No. 3; June, No. 4).
Gerwin v. Livingston County Board1: The Open Meetings Act and its impact on hearings By Lisle A. Stalter Environmental and Natural Resources Law, June 2004 American Disposal Services operates a landfill in unincorporated Livingston County, near Pontiac, Illinois.
Phase II stormwater discharge permits and the Tenth Amendment By Jorge Mihalopoulos Environmental and Natural Resources Law, June 2004 The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
Setting a limit on environmental lawsuits By James D. Brusslan Environmental and Natural Resources Law, June 2004 It is common during negotiations for the sale of industrial property for the parties to assure that the site meets environmental standards.

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