2007 Articles

Fear and loathing in the Wetlands: Murder on the Kumbaya Express—“It Ain’t That Pretty At All” By Thomas J. Immel February 2007 What is the environmental practitioner to do in advising a “wetlands” client after Rapanos?
Financial reporting 201: A review of key principles of environmental financial reporting By Chris Blume July 2007 Last year, this newsletter included an analysis of the key principles of financial reporting of environmental claims. This article provides a further update and a brief summary of the key concepts.
Guidance from above By Raymond T. Reott October 2007 In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
Illinois ethical release reporting dilemmas for environmental attorneys, engineers and geologists By Raymond T. Reott & Becky J. Schanz April 2007 This article will examine the confidentiality duties of Illinois attorneys and other environmental professionals with regards to the release reporting obligations.
One final warning before we call security: The debut of chemical facility anti-terrorism standards By T.J. Hunter July 2007 Congress has authorized the Department of Homeland Security (DHS) to promulgate interim final regulations establishing risk based performance standards for the security of chemical facilities.
United States Supreme Court to resolve split in circuits over implied right of contribution under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. April 2007 Until the Supreme Court rules in the Atlantic Research case, the Seventh Circuit’s decision in Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc. establishes the law for CERCLA litigants in Illinois. 
U.S. Supreme Court leads PRPs back to §107(a) for cost recovery under CERCLA By Kyle Rominger October 2007 In a unanimous decision, the United States Supreme Court has ended recent uncertainty regarding cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).
Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall? By Gene Schmittgens & Jessica Merrigan 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.