Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, March 2025Save 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.
U.S. Senate Committee Unanimously Reports Brownfields Reauthorization LegislationBy Michael GalanoEnvironmental and Natural Resources Law, March 2025The 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 BerryEnvironmental and Natural Resources Law, March 2025PFAS 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.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, January 2025An introduction to the issue from the editor.
Extended Producer Responsibility Laws in 2025By Sydney Weiss & Emily N. MasalskiEnvironmental and Natural Resources Law, January 2025Extended 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.
Is PFAS the Next Asbestos?By Eric BerryEnvironmental and Natural Resources Law, January 2025PFAS (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 DoingBy Justice Michael B. HymanEnvironmental and Natural Resources Law, January 2025A discouraged lawyer receives a visit from a special ghost of presidents past.
New Carbon Capture and Sequestration Act & CCS Project UpdateBy Laura HarmonEnvironmental and Natural Resources Law, January 2025On 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.
Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS ActBy Gabriel J. Salinas, Philip K. Lau, Ryan J. Silverman, & Juan Pablo Tablada FloresEnvironmental and Natural Resources Law, December 2024Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was signed into law on July 18, 2024. This groundbreaking legislation was the result of collaborative efforts among various stakeholders, including industry representatives, environmental groups, and labor organizations.
Things Once Old, May Be New Again, and Then SomeBy William J. AnayaEnvironmental and Natural Resources Law, December 2024A look at President-Elect Donald Trump's choice to lead the United States Environmental Protection Agency: Lee Zeldin.
What Do We Mean by ESG?By Christopher P. PerzanEnvironmental and Natural Resources Law, December 2024ESG stands for Environmental, Social, Governance. Easy enough, but not very enlightening. Whether it is ESG, sustainability, CSR, CSV, SDGs, or another term, this paradigm is ultimately broadly about a transparent process to understand the environmental and social impacts of an enterprise followed by a plan of action to address those impacts. This approach also allows a company to understand and address external or internal risks, identify potential opportunities, and inform strategic decisions.
Editor’s NoteBy William J. AnayaEnvironmental and Natural Resources Law, July 2024An introduction to the issue from the editor.
PFAS in the Headlines: June 2024By Eric BerryEnvironmental and Natural Resources Law, July 2024The PFAS scientific and legal landscape continues to change at a rapid pace, with new issues and developments affecting liability scenarios seemingly coming from all directions.
Clean Water Act Jurisdiction: A Review of Sackett Cases One Year LaterBy Lisle A. Stalter & William J. AnayaCorporate Law Departments, June 2024One year post Sackett et ux. v. Environmental Protection Agency, there were several significant decisions analyzing its applicability with differing interpretations.
EPA Officially Lists Key PFAS as ‘Hazardous Substances’ Under SuperfundBy Matthew A. WalkerEnvironmental and Natural Resources Law, May 2024On April 19, 2024, EPA issued its long-awaited final rule officially listing two key per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
PFAS Activity Reaches a Boil in April 2024By Eric BerryEnvironmental and Natural Resources Law, May 2024A summary of the three major April 2024 developments from the U.S. EPA regarding PFAS.
Clean Water Act Jurisdiction: A Review of Sackett Cases One Year LaterBy Lisle A. Stalter & William J. AnayaEnvironmental and Natural Resources Law, April 2024One year post Sackett et ux. v. Environmental Protection Agency, there were several significant decisions analyzing its applicability with differing interpretations.
U.S. EPA Releases Second Annual Progress Report on PFAS Strategic RoadmapBy Andrea Quade & Michael MurphyEnvironmental and Natural Resources Law, April 2024On December 14, 2023, the U.S. Environmental Protection Agency released its Second Annual Progress Report summarizing updates on the Agency’s actions and goals to address per and polyfluoroalkyl substances
2023 Environmental Statutes and Regulatory AmendmentsBy William J. AnayaEnvironmental and Natural Resources Law, February 2024Brief descriptions of new statutes, rules, and programs created by the Illinois General Assembly, the Office of the State Fire Marshall, Illinois Environmental Protection Agency, the Illinois Pollution Control Board, and the United States Environmental Protection Agency in 2023.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress?By William J. AnayaCorporate Law Departments, January 2024With 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.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress?By William J. AnayaAgricultural Law, December 2023With 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.
Federal Jurisdiction and the Clean Water Act: Can We Expect Anything From Congress?By William J. AnayaEnvironmental and Natural Resources Law, October 2023With 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.
Becoming an Environmental AttorneyBy Christine ZemanLaw Related Education for the Public, May 2023Advice for anyone considering a career in environmental law.
21st Annual Environmental Law ConferenceEnvironmental and Natural Resources Law, April 2023The 21st Annual Environmental Law Conference is scheduled for May 11-12, 2023, at the Chicago Regional Office.
Evaluating Emerging Contaminants Like PFAS as a Non-Scope ConsiderationBy Kate HendricksonEnvironmental and Natural Resources Law, April 2023The 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.
