Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall?By Gene Schmittgens & Jessica MerriganEnvironmental and Natural Resources Law, February 2007Not 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 ActBy Lisle A. StalterEnvironmental and Natural Resources Law, December 2006The 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 hazardBy T.J. HunterEnvironmental and Natural Resources Law, December 2006Earlier 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 obligationsEnvironmental and Natural Resources Law, September 2006In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Supreme Court will hear global warming caseEnvironmental and Natural Resources Law, September 2006Just 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 CERCLABy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, September 2006In 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 AmericaBy Christine LeBelEnvironmental and Natural Resources Law, June 2006Your 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 claimsBy Chris BlumeEnvironmental and Natural Resources Law, June 2006Editor’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 equipmentBy Jorge MihalopoulosEnvironmental and Natural Resources Law, May 2006In 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 2006By Kathleen M. Crowley & Marie E. TipsordEnvironmental and Natural Resources Law, May 2006The 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 dutiesBy Jorge MihalopoulosEnvironmental and Natural Resources Law, February 2006On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
Groundwater and the CWABy Lisa A. KirschnerEnvironmental and Natural Resources Law, October 2005The 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 reportBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2005By this time, any sizeable real estate or business transaction includes a Phase I environmental assessment.
Recent cases of note for Illinois environmental law practitionersBy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, October 2005Several cases have been decided in Illinois and federal courts over the past six months that are significant to environmental law practitioners.
Former tank owners liableBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005In 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 CourtBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005With 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 AppealsBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005Often, 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 regulationsBy Becky Raftery & Steven M. SirosEnvironmental and Natural Resources Law, May 2005One 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.
Supreme Court upholds AgproBy Raymond T. ReottEnvironmental and Natural Resources Law, March 2005In 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 toolsBy Christine Picker Rothchild & Raymond T. ReottEnvironmental and Natural Resources Law, March 2005The 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 emissionsBy Michael C. WhiteEnvironmental and Natural Resources Law, November 2004Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
General Assembly legislatively overrules Ryan v. AgproBy Jorge MihalopoulosEnvironmental and Natural Resources Law, November 2004In 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-upBy Channing J. MartinEnvironmental 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).
Phase II stormwater discharge permits and the Tenth AmendmentBy Jorge MihalopoulosEnvironmental and Natural Resources Law, June 2004The 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 lawsuitsBy James D. BrusslanEnvironmental and Natural Resources Law, June 2004It is common during negotiations for the sale of industrial property for the parties to assure that the site meets environmental standards.