New Phase I ASTM standard coming in 2013By Steve SawyerEnvironmental and Natural Resources Law, March 2013The ASTM E1527 task group is finalizing their revisions to the Phase I Environmental Site Assessment standard that will take effect in 2013.
Tetrachloroethylene toxicity changes result in lower liabilityBy Timothy AdamsEnvironmental and Natural Resources Law, March 2013On February 19, 2012, USEPA posted revised toxicity factors to the Integrated Risk Information System, indicating that tetrachloroethylene is a “likely human carcinogen” but has a lower carcinogenic risk potential and a higher non-carcinogenic risk potential that previously assumed by EPA.
New radon requirements and changes to radon disclosure in 2013By Kelly M. GrecoReal Estate Law, February 2013On August 17, 2012, Governor Quinn approved House Bill 4606, which created new radon requirements in Illinois as well as changes to radon disclosure by amending both The Child Care Act of 1969 and The Illinois Radon Awareness Act.
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.
Radon testing now required in Illinois daycare centersBy Steve SawyerEnvironmental and Natural Resources Law, February 2013Effective January 1, 2013, licensed daycare centers must have their facility tested for radon at least every three years.
CCDD regulations finalizedBy Steve SawyerEnvironmental and Natural Resources Law, October 2012On August 23rd, the Illinois Pollution Control Board (PCB) adopted the final Rule on Illinois’ Clean Construction or Demolition Debris (CCDD).
Radon as an issue for real estate closings: New home construction requirementsBy Myles JacobsEnvironmental and Natural Resources Law, October 2012Thanks to the author's efforts, a new law has been passed in Illinois requiring that as of June 2013 new residential construction will have to include passive radon measures.
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.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc.By Lisle A. StalterEnvironmental and Natural Resources Law, April 2012This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
2011 veto session summaryBy Kent MohrEnvironmental and Natural Resources Law, March 2012A summary of environmental bills introduced during the veto session of the 97th General Assembly.
Institutional controls: The use of municipal ordinances and agreements as components of No Further Remediation LettersBy Frank M. GrenardEnvironmental and Natural Resources Law, March 2012 As a municipal attorney, the lawyer has a responsibility to inform the decision makers of requests for institutional controls, what they are, how they would benefit or be detrimental to the community, and to assure that the municipality would not bear any additional financial loss or liability. By the same token, the attorney should assure that the municipality understands that the business/development community needs assistance in obtaining closure of environmental incidents, many of them relatively minor in scale but they result in tremendous roadblocks to projects.
New Section 31 enforcement proceduresBy Coty Hopinks-BaulEnvironmental and Natural Resources Law, March 2012A detailed description of the enforcement process for practitioners not already familiar with the “Section 31 Process” and a brief discussion of the amendments to the process for those already familiar with it.
Radon as an issue for real estate closingsBy Myles JacobsReal Estate Law, March 2012While there presently is no law which requires a purchaser of a home to do a radon test, many purchasers have now become concerned and will conduct a radon test at the same time they do their home inspection.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc.By Lisle A. StalterLocal Government Law, March 2012This case is important on two fronts. First, it discusses statutory interpretation and how it is applied in the context of purpose provisions of enabling legislation of statutorily created public bodies. Additionally, this case recognizes that the protection of wetlands is not only for aesthetic purposes or to provide a habitat for migratory birds.
Recent decisions limit bankruptcy claims of PRP groupsBy Michele GaleEnvironmental and Natural Resources Law, September 2011The successful application of the Chemtura and Lyondell decisions to PRP claims in the Motors Liquidation Company bankruptcy could result in increasing the remediation obligations of other PRPs.
Recent environmental casesBy William J. Anaya, Gene Schmittgens, & Alison K. HaydenEnvironmental and Natural Resources Law, September 2011Recent cases of interest to environmental lawyers.
All appropriate inquiries into land acquisitionsBy Gene SchmittgensEnvironmental and Natural Resources Law, June 2011All appropriate inquiry requires that the purchaser perform a Phase I assessment which conforms with either the requirements of ASTM 1527-05, or the regulations promulgated by EPA.
Recent activity in the Illinois General AssemblyEnvironmental and Natural Resources Law, June 2011A summary of bills from the Illinois General Assembly and legislative committees relating to environmental issues.
Changes and continued uncertainty for construction industry with CCDD lawBy Alison K. HaydenEnvironmental and Natural Resources Law, February 2011Public Act 96-1416 amends the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., to regulate facilities which accept soil and Clean Construction Demolition Debris for disposal.
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.
Equipment lessor deemed an “owner” under CERCLA, is liable for remediation costsBy James A. Vroman & Genevieve J. EssigEnvironmental and Natural Resources Law, October 2010The recent case of United States v. Saporito provides a new perspective on who could be held liable for a release of hazardous substances as an “owner” under CERCLA.
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.
In sitesGovernment Lawyers, September 2010A list of Web sites that disclose information about property and facilities.
