2006 Articles

Delegation Agreements under the Illinois Environmental Protection Act By Lisle A. Stalter December 2006 The delegation agreement is a formal written agreement between the Illinois Environmental Protection Agency and a unit of local government.
Do you want fries with that? Biodiesel regulation in America By Christine LeBel 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.
Extension of “arranger” liability to suppliers of dry-cleaning equipment By Jorge Mihalopoulos 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.
Financial reporting for environmental claims By Chris Blume 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.
General Assembly expands IEPA’s powers and public notice duties By Jorge Mihalopoulos 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”).
Insurance notice obligations September 2006 In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Pollution Control Board rules, January 2006 By Kathleen M. Crowley & Marie E. Tipsord May 2006 The normally somewhat staid subject of rulemaking before the Illinois Pollution Control Board became Chicago Tribune front-page news January 5, 2006.
Recent decision addresses landlord liability for lead-based paint hazard By T.J. Hunter 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.
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya 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.
Supreme Court will hear global warming case 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. 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).