2013 Articles

Absolute pollution exclusion denies coverage to Crestwood By Samantha Gibson September 2013 A summary of Village of Crestwood v. Ironshore Specialty Insurance Co.

Editor’s note: Developments in vapor intrusion rulemaking By Raymond T. Reott February 2013 An introduction to the issue from Editor Ray Reott.

Green office tips March 2013 The Environmental Law Section Council has started a new initiative to publish information we find to be particularly useful in helping members operate a green law office.

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Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya September 2013 To the extent that authorities in Illinois now have a rebuttable presumption, operators will be well served to discuss evidence of compliance with counsel, and develop a defensible Administrative Record with admissible evidence of compliance.

Illinois governor to sign “fracking” law By Matthew E. Cohn June 2013 Illinois' new fracking law is over 100 pages in length. Some of the significant provisions of the new law are described in this article.

Illinois proposes more stringent asbestos regulation March 2013 On December 7, 2012, the Illinois Department of Public published its First Notice for proposed amendments to Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois. The proposed rules are publicly available for review and were open for public comments until January 21, 2013.

Lessees and superfund liability By Gene Schmittgens June 2013 In December of last year, EPA published new guidance which clarifies that a lessee is entitled to assert the bona fide prospective purchaser defense.

New Phase I ASTM standard coming in 2013 By Steve Sawyer March 2013 The ASTM E1527 task group is finalizing their revisions to the Phase I Environmental Site Assessment standard that will take effect in 2013.

Newly proposed vapor intrusion restrictions By Raymond T. Reott February 2013 On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.

News flash: Illinois Pollution Control Board finally adopts vapor intrusion rules By Matthew E. Cohn June 2013 On May 16, 2013, the Illinois Pollution Control Board amended the TACO rules to adopt the new indoor inhalation exposure route effective July 15, 2013.

Radon testing now required in Illinois daycare centers By Steve Sawyer February 2013 Effective January 1, 2013, licensed daycare centers must have their facility tested for radon at least every three years.

Tetrachloroethylene toxicity changes result in lower liability By Timothy Adams March 2013 On February 19, 2012, USEPA posted revised toxicity factors to the Integrated Risk Information System, indicating that tetrachloroethylene is a “likely human carcinogen” but has a lower carcinogenic risk potential and a higher non-carcinogenic risk potential that previously assumed by EPA.

Update regarding the pending vapor intrusion rulemaking, In the Matter of: Tiered Approach to Corrective Action Objectives (TACO) (Indoor Inhalation): Amendments to 35 Ill. Adm. Code 742 (R11-9) By Lauren C. Lurkins February 2013 The rulemaking currently pending before the Illinois Pollution Control Board has seen significant action during the past several months.