2025 Articles

As EPA Works To Scale Back Federal Environmental Regulation, State Laws and Program Administration Increase in Importance By Nancy J. Rich September 2025 An exploration of the EPA's deregulatory agenda, the Supreme Court's limit on the EPA's authority, and the impacts on state environmental authorities and regulations.

Editor’s Note By William J. Anaya September 2025 A note from the Editor of the Environmental Law Section Council Newsletter regarding the current issue.

Editor’s Note By William J. Anaya August 2025 A quick note from the Editor of the Environmental and Natural Resources Law Newsletter.

Editors’ Note By William J. Anaya July 2025 A Note from the Editors of the Environmental Law Newsletter.

Editor’s Note By William J. Anaya March 2025 Save the date for ISBA’s 23rd Annual Environmental Law Conference on Thursday, May 22, 2025 and Friday, May 23, 2025 and an introduction to the issue from the editor.

Editor’s Note By William J. Anaya January 2025 An introduction to the issue from the editor.

Environmental and Natural Resources Law Conference Collage July 2025 The ISBA Environmental and Natural Resources Law Section hosted the 23rd annual Environmental and Natural Resources Law Conference on May 22-23, 2025, at the IIT Chicago-Kent College of Law.

Executive Orders, Department Memoranda, Hyperbole, Administrative Preferences, and Aspirational, Reasonable or Necessary Regulations and Actions—2025 By William J. Anaya March 2025 A breakdown of the Trump Administration's revisions to environmental law of interest to practitioners.

1 comment (Most recent March 24, 2025)

Extended Producer Responsibility Laws in 2025 By Sydney Weiss & Emily N. Masalski January 2025 Extended Producer Responsibility laws represent a pivotal shift in environmental policy, encouraging producers to take responsibility for the entire lifecycle of their products, including post-consumer waste. EPR laws are designed to reduce landfill waste; promote recycling, composting, and use of post-consumer recycled content; and require manufacturers to address the environmental impact of their products. These laws require “producers” (typically defined as those who manufacture the package) to manage the collection, recycling, or disposal of products after they have reached the end of their useful lives, typically by financing recycling programs or implementing take-back programs.

Illinois Expands General Jurisdiction Over Defendants in Toxic Tort Cases By Michael P. Murphy September 2025 Updates to the Illinois Code of Civil Procedure require businesses to "consent" to general jurisdiction in toxic exposure cases as a cost of doing business in Illinois.

Illinois General Assembly Passes Bill Banning Carbon Sequestration Near Mahomet Aquifer By John H. Henderson July 2025 The Illinois General Assembly has passed a bill banning carbon sequestration over, under, or through a “sole source aquifer.” SB 1723 passed the Senate by a vote of 55-0 on April 10 and passed the House by a vote of 91-19 on May 20. Upon signing by Governor Pritzker, the bill will become law. The Mahomet Aquifer is the only sole source aquifer in Illinois, and the bill applies only to carbon sequestration activities near that aquifer.

Illinois Has a “Climate Bank!” What Does It Do? July 2025 The Illinois Climate Bank, created by the 2021 Climate and Equitable Jobs Act, funds clean energy and climate projects across the state. It supports grid upgrades, solar for low-income communities, EV charging, energy efficiency loans, and small business financing. Backed by federal and state funds, the bank promotes job creation, emissions reduction, and energy equity. A second fund, the Clean Energy Jobs and Justice Fund, focuses on underserved communities, while rural areas benefit from the Green Bank for Rural America.

Illinois Increases Maximum Civil Penalties for Environmental Violations By Melissa Brown & Michael Scott September 2025 A summary of the new legislation that increases the maximum civil penalty amounts for violations under the Illinois Environmental Protection Act.

Illinois Joins Coalition Suing Trump Administration on Energy Executive Order By Craig R. Hedin July 2025 On January 20, 2025, President Trump declared a national energy emergency to fast-track energy projects, citing unreliable energy supply. A coalition of 15 states sued, arguing the emergency is unjustified and the order unlawfully bypasses environmental laws, risking harm to people, wildlife, and state interests. The case may reach the Supreme Court.

Is PFAS the Next Asbestos? By Eric Berry January 2025 PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon.

Justice Is in the Doing By Justice Michael B. Hyman January 2025 A discouraged lawyer receives a visit from a special ghost of presidents past.

LAWPAC Needs You! March 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.

Lawyers, Environmental Law, and Citizens in Turbulent Times By Kimberly Wells August 2025 A brief overview of the actions citizens can take to influence politics, particularly as it relates to environmental law and federal agencies.

Leveraging Generative AI: Transforming the Practice of Law By George Bellas July 2025 A general review of how legal practitioners can use these tools in their practice from a broad perspective.

New Carbon Capture and Sequestration Act & CCS Project Update By Laura Harmon January 2025 On July 18, 2024, Governor Pritzker signed SB1289 creating the Safety and Aid for the Environment in Carbon Capture and Sequestration, which addresses environmental and safety regulations, prohibition of the injection of CO2 for enhanced oil recovery, ownership of pore space, integration and unitization of pore space for CO2 sequestration before the IDNR.

Recent U.S. Supreme Court Decisions Impacting Environmental and Administrative Law By William J. Anaya & Sophia Boothby August 2025 The Supreme Court of the United States (SCOTUS) has recently issued a series of decisions that have significantly reshaped the landscape of not only environmental law, but administrative law in general. Not satisfied with simply overruling the decades old Chevron deference, SCOTUS has imposed jurisdictional limits on agency action that reflect a broader trend curbing agency discretion and reinforcing judicial oversight.

Streamlining Environmental Permitting Is Part of White House AI Action Plan By Michael P. Murphy September 2025 The White House recently released its new AI Action Plan, which aims to accelerate AI innovation, build American infrastructure, and lead in international AI diplomacy and security. Learn more about the impacts of this Plan on environmental regulations.

U.S. Senate Committee Unanimously Reports Brownfields Reauthorization Legislation By Michael Galano March 2025 The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date, floor consideration has not been scheduled, and a U.S. House of Representatives companion measure has not yet been introduced in the 119th Congress.

What Is New in PFAS Remediation Technology? By Eric Berry March 2025 PFAS are found virtually everywhere, are highly durable, and are regulated at very low levels (parts per trillion) at both state and federal levels. This article discusses utilizing effective treatment technology to remediate PFAS.