Environmental Law

The newsletter of the ISBA’s Section on Environmental and Natural Resources Law

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2018 Articles

Comparison of public trust and private rights on the shores of the Great Lakes By Bertram C. Frey February 2018 This article provides an overview of how the public trust doctrine has been applied to the shores of the Great Lakes in each of the eight Great Lakes states, and the differences among each state’s public trust jurisprudence.
The destructive effects of farm subsidies on animals and the environment: Part One – Our national farm subsidy system By Yelena Klairmont July 2018 Farm subsidies have diverged from their original mission to assist struggling farmers during the Great Depression and have become the underlying cause of a national environmental disaster.
The destructive effects of farm subsidies on animals and the environment: Part two – CAFOs and their alternatives By Yelena Klairmont September 2018 A look at the legal requirements related to large scale concentrated animal feeding operations and how to encourage more sustainable alternatives.
The dicamba herbicide duels: When law, politics, and science collide By Phillip R. Van Ness December 2018 An overview of the political and legal "dicamba duels" in Illinois.
Dicamba lawsuits December 2018 A summary of some of the legal actions related to damage from the dicamba herbicide drift since the introduction of dicamba-resistant crops in 2016. 
EPA launches Smart Sectors Program By Emily N. Masalski March 2018 The purpose of the Smart Sectors program is to reduce regulatory burden by engaging with industry stakeholders to enhance long-term regulatory certainty and predictability and to produce policies to improve environmental protection.
EPA seeks public comments for Lead and Copper Rule Federalism Consultation By Emily N. Masalski March 2018 The U.S. EPA will be collecting public comments from state and local government officials on proposed regulatory revisions to the Lead and Copper Rule until March 8, 2018.
A license to pollute? People v. Sterigenics By Matthew E. Cohn & William J. Anaya December 2018 An overview of People v. Sterigenics, in which the state of Illinois alleged that Sterigenics emitted toxic gas into the atmosphere in violation of the Illinois Environmental Protection Act.
A look at People v. Nagle Station, LLC: Is intervention possible in environmental enforcement actions? By Lisle A. Stalter September 2018 Although it is an unreported decision, the recent first district decision of People v. Nagle Station, LLC is worth taking a look at with respect to private party intervention in state environmental enforcement actions.
Ninth Circuit expands the reach of the Clean Water Act By Jorge Mihalopoulos July 2018 The recent decision in Hawai'i Wildlife Fund v. County of Maui marks a dramatic shift in the Clean Water Act jurisprudence.
What color is your contract? By William J. Anaya March 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.