Section Newsletters

Articles on Environmental Law

The Great Lakes Legacy Act: History and implementation 2002-2018 By Emma Geiger Environmental and Natural Resources Law, March 2019 The history and implementation of the Great Lakes Legacy Act over the past 16 years, from its inception to present day.
Illinois Supreme Court will decide dispute between Pollution Control Board and Illinois EPA By Raymond T. Reott Environmental and Natural Resources Law, March 2019 In 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.
New owner of contaminated property is liable for cleanup costs incurred before the purchase By Raymond T. Reott Environmental and Natural Resources Law, March 2019 The phrase “buyer beware” has been part of the legal lexicon for many years. The third circuit recently reemphasized its appropriateness in the context of environmental risks in property transfers.
The dicamba herbicide duels: When law, politics, and science collide By Phillip R. Van Ness Environmental and Natural Resources Law, December 2018 An overview of the political and legal "dicamba duels" in Illinois.
Dicamba lawsuits Environmental and Natural Resources Law, December 2018 A summary of some of the legal actions related to damage from the dicamba herbicide drift since the introduction of dicamba-resistant crops in 2016. 
A license to pollute? People v. Sterigenics By Matthew E. Cohn & William J. Anaya Environmental and Natural Resources Law, December 2018 An overview of People v. Sterigenics, in which the state of Illinois alleged that Sterigenics emitted toxic gas into the atmosphere in violation of the Illinois Environmental Protection Act.
The destructive effects of farm subsidies on animals and the environment: Part two – CAFOs and their alternatives By Yelena Klairmont Environmental and Natural Resources Law, September 2018 A look at the legal requirements related to large scale concentrated animal feeding operations and how to encourage more sustainable alternatives.
A look at People v. Nagle Station, LLC: Is intervention possible in environmental enforcement actions? By Lisle A. Stalter Environmental and Natural Resources Law, September 2018 Although it is an unreported decision, the recent first district decision of People v. Nagle Station, LLC is worth taking a look at with respect to private party intervention in state environmental enforcement actions.
Ninth Circuit expands the reach of the Clean Water Act By Jorge Mihalopoulos Environmental and Natural Resources Law, July 2018 The recent decision in Hawai'i Wildlife Fund v. County of Maui marks a dramatic shift in the Clean Water Act jurisprudence.
EPA launches Smart Sectors Program By Emily N. Masalski Environmental and Natural Resources Law, March 2018 The purpose of the Smart Sectors program is to reduce regulatory burden by engaging with industry stakeholders to enhance long-term regulatory certainty and predictability and to produce policies to improve environmental protection.
EPA seeks public comments for Lead and Copper Rule Federalism Consultation By Emily N. Masalski Environmental and Natural Resources Law, March 2018 The U.S. EPA will be collecting public comments from state and local government officials on proposed regulatory revisions to the Lead and Copper Rule until March 8, 2018.
Comparison of public trust and private rights on the shores of the Great Lakes By Bertram C. Frey Environmental and Natural Resources Law, February 2018 This article provides an overview of how the public trust doctrine has been applied to the shores of the Great Lakes in each of the eight Great Lakes states, and the differences among each state’s public trust jurisprudence.
Landlord beware By Raymond T. Reott Environmental and Natural Resources Law, October 2017 The 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.
The legislative history of the Great Lakes Restoration Initiative By Kevin T. Carlson Environmental and Natural Resources Law, October 2017 Launched in 2010, GLRI so far has provided nearly $2 billion across five focus areas in a comprehensive effort to protect, preserve, and restore the Lakes.
CERCLA liability for air emissions? Ninth Circuit says no, denies petition for en banc rehearing By Kevin Haroff & Zachary Kearns Environmental and Natural Resources Law, August 2017 Last year's decision in Pakootas v. Teck Cominco Metals, Ltd., continues to make waves around the country.
Hazardous waste developments in the retail context By Patrick Paul Environmental and Natural Resources Law, August 2017 In addition to the federal Resource Conservation and Recovery Act ’s Hazardous Waste Generator Improvements Rule, EPA is also exploring new rules for managing hazardous waste pharmaceuticals, retail products like aerosol cans and consumer electronics, and protocols for reverse distribution of hazardous wastes from retail facilities.
Summary of Public Acts from the 99th Illinois General Assembly By Kent E. Mohr, Jr. Environmental and Natural Resources Law, August 2017 This article provides a summary of select environmental-related public acts from the later portion of the 99th Illinois General Assembly. Lead and water were hot topics this session, as one might imagine.
Key post acquisition obligations for BFPPs By Samantha Gibson Environmental and Natural Resources Law, May 2017 A discussion of the post-acquisition obligations one must satisfy in order to get the protection of a BFPP defense.
A look at National Waste and Recycling Association v. County of Cook: How much authority does a local government have over environmental issues By Lisle A. Stalter Environmental and Natural Resources Law, May 2017 The National Waste and Recycling Association is a not-for-profit entity that recently challenged Cook County’s Solid Waste Recycling Ordinance.
Industrial Growth Zones Program established through collaborative efforts of the City of Chicago and Cook County By Karen Kavanagh Mack Environmental and Natural Resources Law, March 2017 The City of Chicago and Cook County have recently launched a joint program aimed at spurring redevelopment of environmentally impacted, industrial real estate located in select areas of the City and/or Cook County.
Senate Bill 1673: The General Assembly’s attempt to cut and paste federal “water quality standards variance” provisions into Illinois law By Phillip R. VanNess Environmental and Natural Resources Law, March 2017 A new (to Illinois) process for addressing water quality standards is in the offing, and it warrants careful review.
Summary of the Clean Water Rule (CWR): Definition of “Waters of the United States” By Bertram C. Frey Environmental and Natural Resources Law, March 2017 The United States Supreme Court has issued three decisions that provide guidance in determining the appropriate scope of “waters of the United States” covered by the CWA.
Environmental basics revisited: A look at Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental and Natural Resources Law, November 2016 Although the decision in this case is pretty straightforward and not surprising, it is useful to have a confirmation of where the interpretation of the Act stands.
Opportunities for inexpensive environmental law CLE Environmental and Natural Resources Law, November 2016 Our section will present two live webcasts on November 30th for just $30 apiece.
The 2015 RCRA Solid Waste Rule and the 2016 TSCA Reform (The Frank R. Lautenberg Chemical Safety for the 21st Century Act) By William J. Anaya Environmental and Natural Resources Law, August 2016 In the last 12 months, Congress and US EPA have made significant changes to waste and chemical regulation that deserve some analysis.
Significant 2015 federal court decisions in environmental law By Kenneth Anspach Environmental and Natural Resources Law, August 2016 Make note of these important decisions affecting environmental laws.
Lenders and contaminated property By Eugene P. Schmittgens, Jr. Business Advice and Financial Planning, May 2016 Establishing proper safeguards and with a property with a viable end-use, contaminated properties can be profitable for all parties.
Competing approaches for adjusting non-settling CERCLA defendants’ liability in contribution claims By Samantha Gibson Environmental and Natural Resources Law, April 2016 This article examines the competing approaches courts apply when determining the liability of non-settling parties in CERCLA contribution claims.
Free Environmental CLE for ISBA members Environmental and Natural Resources Law, April 2016 Your ISBA membership may come with all the CLE you need.
LUST at 27: The Leaking Underground Storage Tank Fund and the incredibly invisible indemnification provisions By Phillip R. Van Ness & Craig Foster Environmental and Natural Resources Law, April 2016 There are as yet no set parameters for either accessing or preserving the LUST Fund.

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