2017 Articles

CERCLA liability for air emissions? Ninth Circuit says no, denies petition for en banc rehearing By Kevin Haroff & Zachary Kearns August 2017 Last year's decision in Pakootas v. Teck Cominco Metals, Ltd., continues to make waves around the country.
Federal court addresses Clean Water Act jurisdiction By Errin McCaulley May 2017 The case of Hawkes Co. v. U.S. Army Corps of Eng’rs, which been developing since 2010, represents one of the latest Clean Water Act cases to confront the application of the “significant nexus” test developed by Justice Kennedy in Rapanos v. United States.
Hazardous waste developments in the retail context By Patrick Paul August 2017 In addition to the federal Resource Conservation and Recovery Act ’s Hazardous Waste Generator Improvements Rule, EPA is also exploring new rules for managing hazardous waste pharmaceuticals, retail products like aerosol cans and consumer electronics, and protocols for reverse distribution of hazardous wastes from retail facilities.
Industrial Growth Zones Program established through collaborative efforts of the City of Chicago and Cook County By Karen Kavanagh Mack March 2017 The City of Chicago and Cook County have recently launched a joint program aimed at spurring redevelopment of environmentally impacted, industrial real estate located in select areas of the City and/or Cook County.
Key post acquisition obligations for BFPPs By Samantha Gibson May 2017 A discussion of the post-acquisition obligations one must satisfy in order to get the protection of a BFPP defense.
Landlord beware By Raymond T. Reott October 2017 The case of People Ex rel Madigan v. Lincoln Limited reached an interesting distinction between the responsibilities of the tenant and the landlord, but ultimately the landlord remains at risk for whatever is done at its property, whether by tenants or even trespassers.
The legislative history of the Great Lakes Restoration Initiative By Kevin T. Carlson October 2017 Launched in 2010, GLRI so far has provided nearly $2 billion across five focus areas in a comprehensive effort to protect, preserve, and restore the Lakes.
A look at National Waste and Recycling Association v. County of Cook: How much authority does a local government have over environmental issues By Lisle A. Stalter May 2017 The National Waste and Recycling Association is a not-for-profit entity that recently challenged Cook County’s Solid Waste Recycling Ordinance.
Senate Bill 1673: The General Assembly’s attempt to cut and paste federal “water quality standards variance” provisions into Illinois law By Phillip R. VanNess March 2017 A new (to Illinois) process for addressing water quality standards is in the offing, and it warrants careful review.
Summary of Public Acts from the 99th Illinois General Assembly By Kent E. Mohr, Jr. August 2017 This article provides a summary of select environmental-related public acts from the later portion of the 99th Illinois General Assembly. Lead and water were hot topics this session, as one might imagine.
Summary of the Clean Water Rule (CWR): Definition of “Waters of the United States” By Bertram C. Frey March 2017 The United States Supreme Court has issued three decisions that provide guidance in determining the appropriate scope of “waters of the United States” covered by the CWA.