Former tank owners liable
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.
Groundwater and the CWA
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).
Policyholder victory in Illinois Supreme Court
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
Often, non-environmental practitioners involved in what would otherwise be routine environmental proceedings meet with unexpected consequences.
Supreme Court upholds Agpro
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.
Voluntary cleanups: A risky alternative to CERCLA litigation
With the Superfund dwindling and state and federal governmental resources becoming increasingly limited, it now more than ever appears appropriate to avoid costly CERCLA litigation by encouraging potentially responsible parties (PRPs) to investigate and cleanup contaminated property voluntarily.