2011 veto session summary
A summary of environmental bills introduced during the veto session of the 97th General Assembly.
CCDD regulations finalized
On August 23rd, the Illinois Pollution Control Board (PCB) adopted the final Rule on Illinois’ Clean Construction or Demolition Debris (CCDD).
Institutional controls: The use of municipal ordinances and agreements as components of No Further Remediation Letters
As a municipal attorney, the lawyer has a responsibility to inform the decision makers of requests for institutional controls, what they are, how they would benefit or be detrimental to the community, and to assure that the municipality would not bear any additional financial loss or liability. By the same token, the attorney should assure that the municipality understands that the business/development community needs assistance in obtaining closure of environmental incidents, many of them relatively minor in scale but they result in tremendous roadblocks to projects.
New Section 31 enforcement procedures
A detailed description of the enforcement process for practitioners not already familiar with the “Section 31 Process” and a brief discussion of the amendments to the process for those already familiar with it.
Supreme Court expands juror rights in environmental penalty cases
Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.