Articles From William J. Anaya

The “M” word—Mold is manageable By William J. Anaya Real Estate Law, May 2015 An overview of how to handle a mold discovery.
Battles over hydraulic fracturing moving to the hinterland By William J. Anaya Environmental and Natural Resources Law, January 2014 The recent case of Robinson Township, et al. v. Commonwealth of Pennsylvania, et al. is significant for a variety of reasons.
Royalties and existing oil & gas leases with horizontal drilling technology may not be what it seems By William J. Anaya Real Estate Law, January 2014 With hydraulic fracturing on the horizon in Illinois, lawyers should review existing oil and gas leases to determine if the royalty payment provision in the existing leases describes what is intended in 2014.
Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya Administrative Law, October 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.
Hydraulic fracturing in Illinois—A remarkable presumption, evidence and making a record By William J. Anaya Environmental and Natural Resources Law, 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.
Hydraulic fracturing in Illinois—What is an owner to do? By William J. Anaya Real Estate Law, September 2013 Hydraulic fracturing operations present many opportunities to owners, but those opportunities involve risks that must be understood, quantified, analyzed, accepted or rejected or shared.
Recent environmental cases By William J. Anaya, Gene Schmittgens, & Alison K. Hayden Environmental and Natural Resources Law, September 2011 Recent cases of interest to environmental lawyers.
Mentors: You can learn a lot from crash dummies and other ruminations By William J. Anaya Real Estate Law, March 2007 As a young lawyer, one of my mentors nominated me to the Illinois State Bar Association’s Real Estate Law Section Council.
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya Environmental and Natural Resources Law, February 2006 Environmental cleanup liability has been a consideration in commercial real estate transactions for the past two and one-half decades, but the law’s response to that stimulus has changed significantly in just the past few years.
Call to arms: A 21st century call to professionalism for real estate lawyers By William J. Anaya Real Estate Law, June 2004 Many of our younger colleagues consider me a dinosaur or an anachronism-a lawyer from a different age who actually ordered and reviewed abstracts of title and prepared scores of title opinion letters in the practice of law, and not as an academic exercise in some ancient social ritual at the Smithsonian.
The unauthorized practice of law in modern real estate transactions Quinlan & Tyson remains instructive and enforceable By Joseph R. Fortunato & William J. Anaya Real Estate Law, May 2002 It is no surprise to real estate lawyers that non-lawyers involved in related real estate business are devising creative methods designed to increase their market share and their profits.
Wetland regulation since the demise of the “Migratory Bird Rule”—more muddy water? By William J. Anaya Real Estate Law, March 2002 * The Corps of Engineers' authority under the federal Clean Water Act was clearly limited by the U.S. Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S.159, 121 S. Ct. 675 (2001), but, one year later, the regulatory boundaries are less clear now than before.

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