Reading a Phase I environmental reportBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2005By this time, any sizeable real estate or business transaction includes a Phase I environmental assessment.
Former tank owners liableBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005In at least some contexts, a fairly recent Illinois provision protects responsible parties subject to environmental claims from bearing more than their proportionate share of liability where multiple parties contributed to the problem.
Policyholder victory in Illinois Supreme CourtBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005With rare exception, the Illinois Supreme Court has been supportive of policyholders seeking insurance coverage under Comprehensive General Liability Policies for environmental contamination claims.
Pollution Control Board of AppealsBy Raymond T. ReottEnvironmental and Natural Resources Law, May 2005Often, non-environmental practitioners involved in what would otherwise be routine environmental proceedings meet with unexpected consequences.
Supreme Court upholds AgproBy Raymond T. ReottEnvironmental and Natural Resources Law, March 2005In the last edition of the newsletter, we featured the decision in People v. Agpro, Inc. 34 5 Ill.App. 3d 1011(First Dist. 2004) and the later legislative change to the related enforcement provisions of the Illinois Environmental Protection Act. 41 Ill.CS 5/1.
Using supplemental environmental projects as settlement toolsBy Christine Picker Rothchild & Raymond T. ReottEnvironmental and Natural Resources Law, March 2005The scenario: Company X receives a Notice of Violation, a complaint from a government agency or a citizen's group, or even an administrative order.
Environmental insurance successBy Raymond T. ReottEnvironmental and Natural Resources Law, January 2004Experienced practitioners representing industrial entities know that the comprehensive general liability ("CGL") insurance policies purchased by those entities often can be used to provide coverage for various types of environmental claims.
Superfund liability changesBy Raymond T. ReottEnvironmental and Natural Resources Law, June 2003Last year saw a major revision of the federal Superfund Program with several important changes in the liability standards. Small Business Liability Relief and Brownfields Revitalization Act, P.L. 107 118 (2002).
Novel settlement: A new trend?By Raymond T. ReottAgricultural Law, March 2003In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.
Electronic waste: A growing problemBy Raymond T. ReottEnvironmental and Natural Resources Law, November 2002In the early 1970s, as businesses installed scrubbers and other air pollution control devices to meet Clean Air Act requirements and water treatment facilities to meet new Clean Water Act requirements, the result was to shift captured contaminants from air emissions and water discharges to landfills.
Novel settlement: A new trend?By Raymond T. ReottEnvironmental and Natural Resources Law, November 2002In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.
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