Holm v. Kodat: Another PerspectiveBy Raymond T. ReottEnvironmental and Natural Resources Law, January 2023An opinion on the Illinois Supreme Court's recent decision in Holm v. Kodat.
Municipalities Need to Fix Their SewersBy Raymond T. ReottEnvironmental and Natural Resources Law, December 2021All across Americas, cities are facing issues caused by wear and tear on their infrastructure. Sewer systems are particularly vulnerable to deterioration over time.
Reaffirmation of Policyholder’s Right to Pick CounselBy Raymond T. ReottEnvironmental and Natural Resources Law, December 2021With any environmental litigation, there is often collateral litigation involving insurance carriers for the defendants in an attempt to have them pay for the defense and any damages in the case. The carriers will typically defend under a reservation of rights relevant if the policies are triggered.
Tort Claim for Increased Risk of HarmBy Raymond T. ReottEnvironmental and Natural Resources Law, December 2021In the recent case of Berry v. City of Chicago, the Illinois Supreme Court reaffirmed earlier decisions holding that increased risk of harm is not by itself sufficient for a negligence claim.
Illinois Supreme Court will decide dispute between Pollution Control Board and Illinois EPABy Raymond T. ReottEnvironmental and Natural Resources Law, March 2019In a pending Illinois Supreme Court case, County of Will v. Illinois Pollution Control Board, the court will shed some light on the authority of the Pollution Control Board and the Illinois Environmental Protection Agency.
Landlord bewareBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2017The 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.
Editor’s notesBy Raymond T. ReottEnvironmental and Natural Resources Law, September 2015An introduction to the issue from Editor Ray Reott.
USEPA wins cross state air transport pollution caseBy Raymond T. ReottEnvironmental and Natural Resources Law, June 2014In a 6-2 vote, the United States Supreme Court has reversed the decision of the District of Columbia Circuit Court of Appeals on an important Clean Air Act case.
Owner of vacant property liable for CERCLA cleanupBy Raymond T. ReottEnvironmental and Natural Resources Law, March 2014The recent California decision in City of Banning v. Dureau illustrates the danger faced by a property owner who does not monitor and control activities on his vacant properties.
Newly proposed vapor intrusion restrictionsBy Raymond T. ReottEnvironmental and Natural Resources Law, February 2013On January 10, 2013, the Illinois Pollution Control Board issued its long-awaited opinion in the pending indoor air inhalation or vapor intrusion regulations.
Supreme Court expands juror rights in environmental penalty casesBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2012Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.
Illinois EPA submits new vapor intrusion proposalBy Raymond T. ReottEnvironmental and Natural Resources Law, February 2011Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
New USEPA lead paint renovation ruleBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2010Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Illinois adopts green building standards for state projectsBy Raymond T. ReottEnvironmental and Natural Resources Law, September 2010The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc.By Raymond T. Reott & Becky J. SchanzCommercial Banking, Collections, and Bankruptcy, March 2010Courts have issued conflicting opinions on whether claims for injunctions ordering the cleanup of environmental contamination are discharged in a bankruptcy proceeding.
Vapor intrusion rulemaking stayedBy Raymond T. ReottEnvironmental and Natural Resources Law, January 2010The Illinois Pollution Control Board has stayed the long-anticipated vapor intrusion rulemaking.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc.By Raymond T. Reott & Becky J. SchanzEnvironmental and Natural Resources Law, October 2009In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Pollution Control Board questions Illinois EPA proposal on vapor intrusionBy Raymond T. ReottEnvironmental and Natural Resources Law, April 2009On March 17, 2009, the Illinois Pollution Control Board held the second public hearing on the Illinois EPA proposal to add a vapor intrusion indoor air inhalation pathway to the existing TACO cleanup objective system.
Indoor air inhalation updateBy Raymond T. ReottEnvironmental and Natural Resources Law, February 2009The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Insurance coverage for bankruptcy claimsBy Raymond T. Reott & Becky J. SchanzCommercial Banking, Collections, and Bankruptcy, April 2008When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Insurance coverage for bankruptcy claimsBy Raymond T. Reott & Becky J. SchanzEnvironmental and Natural Resources Law, March 2008When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Guidance from aboveBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2007In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
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