2023 Articles

21st Annual Environmental Law Conference April 2023 The 21st Annual Environmental Law Conference is scheduled for May 11-12, 2023, at the Chicago Regional Office.

At the Intersection of Agriculture and Environmental Law: What Is New in the Old World By Lynne Ostfeld April 2023 An overview of solutions proposed by other countries to combat environmental problems.

Attorney General Raoul Files Lawsuit Against Multiple Manufacturers Over Contamination by Toxic ‘Forever Chemicals’ March 2023 A press release issued by the Office of the Illinois Attorney General.

Carbon Sequestration in Illinois By Andrew White January 2023 An overview of the carbon sequestration issues facing Illinois landowners.

Chicago’s 2022 Energy Transformation Code By Adrian P. Zeno January 2023 On September 21, 2022, Chicago’s City Council unanimously passed the 2022 Chicago Energy Transformation Code.

Editor’s Note: Be an Illinois Bar Foundation Champion By William J. Anaya January 2023 A note from the editor.

Environmental Justice Update: Five End-of-Year Lessons from EPA’s 2022 Efforts By J. Michael Showalter & David M. Loring January 2023 Environmental justice, formerly viewed as a theoretical goal, has become a unifying federal driver touching permitting, rulemaking, civil rights investigations, and policy setting across all sectors of environmental law, including those at the state and local governments.

EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections January 2023 A press release issued by the Environmental Protection Agency.

Evaluating Emerging Contaminants Like PFAS as a Non-Scope Consideration By Kate Hendrickson April 2023 The American Society for Testing and Materials International El 527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" became effective on February 13, 2023, after a multi-year collaboration process and addressing significant public comments.

Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress? By William J. Anaya October 2023 With the U.S. Supreme Court’s recent decision in Sacket et ux. v. Environmental Protection Agency et al., it seems that the definition of "waters of the United States" has been resolved—unless, of course, Congress decides to modify the Clean Water Act.

A Handful of Hot Button ESG Issues to Watch in 2023 By Bruce White March 2023 An overview of some of the emerging environmental, social, and governance challenges companies will face in the coming year.

Historical Review of Liability under the Comprehensive Environmental Response, Compensation and Liability Act By Eugene P Schmittgens, Jr. April 2023 A summary and analysis of United States v. Pacific Hide & Fur Depot, Inc.

Holm v. Kodat: Another Perspective By Raymond T. Reott January 2023 An opinion on the Illinois Supreme Court's recent decision in Holm v. Kodat.

Hydrogen Tax Credit Encourages Replacement of Fossil Fuels By Alan Jedlicka October 2023 The Hydrogen Fuel Replacement Tax Credit Act, P.A. 103-0268, was signed into law on July 25, 2023.

Illinois Establishes Solar & Wind Siting Standards; Counties on Short Timeframe to Comply By Adam Margolin, Kate Duncan, Chris Skey, & Elizabeth McErlean October 2023 The Illinois General Assembly recently enacted legislation that addresses county-level regulation over the siting and zoning of larger solar and wind projects.

Recent Legislative Proposals Involving Environmental Law By William J. Anaya April 2023 Summaries of recent legislative proposals of interest to environmental law practitioners.

A Refresher on Standing in Environmental Litigation By Lisle A. Stalter March 2023 A refresher on standing and summaries of recent caselaw.

Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.

US EPA Approves ASTM Standard E1527-21 By William J. Anaya March 2023 The United States Environmental Protection Agency recently amended 40 C.F.R Part 312 and formally approved the recently revised ASTM Standard E-1527-21 as satisfying the “all appropriate inquiry” requirement for Phase I Environmental Site Assessments.

U.S. Supreme Court Issues Ruling on the Clean Water Act as to Wetlands By Craig R. Hedin October 2023 On May 25, 2023, the United States Supreme Court issued a decision as to the jurisdiction of the U. S. Environmental Protection Agency on the Clean Water Act insofar as it pertains to the regulation of wetlands in Sackett v. EPA.

USEPA Proposes Further Rules to Limit Methane Emissions By Craig R. Hedin January 2023 The U.S. Environmental Protection Agency has issued proposed supplemental rules to update, strengthen, and expand its November 2021 proposals with respect to methane emissions from new and existing sources in the oil and gas industry.