New CERCLA settlement obstaclesBy Robert OlianEnvironmental and Natural Resources Law, September 2010A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
SEC issues interpretive guidance on climate change disclosure requirements for public companiesBy Dustin T. TillBusiness and Securities Law, June 2010The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
Clean Water Restoration ActBy Jeff BakerEnvironmental and Natural Resources Law, May 2010The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
SEC issues interpretive guidance on climate change disclosure requirements for public companiesBy Dustin T. TillEnvironmental and Natural Resources Law, May 2010The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
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.
2009 spring legislative sessionEnvironmental and Natural Resources Law, January 2010Illinois House and Senate Bills related to Environmental Law
Is your remediation green enough?By John Van VrankenEnvironmental and Natural Resources Law, January 2010It is self-evident that remediation of environmental contamination benefits the environment. But is the remediation itself green enough? This is a hot topic for federal and state regulators and is affecting how remediations are actually conducted.
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.
A green economy: What does corporate counsel need to know?By E. Lynn GraysonCorporate Law Departments, December 2009A media buzz surrounds the politically charged concept of developing a green economy by investing in initiatives that are good for the environment and financially beneficial for business
Making business sense of building green in the MidwestBy Christina SpicerBusiness Advice and Financial Planning, December 2009Over the past couple of years, there has been a lot of talk about green buildings and the high costs associated with building to green standards.
2009 spring legislative session environmental billsEnvironmental and Natural Resources Law, October 2009Here are the highlights on environmental bills passed during the Spring 2009 Session of the General Assembly.
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.
Encased asbestos: Dangerous or safe?By Becky J. SchanzEnvironmental and Natural Resources Law, April 2009A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
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.
Legislative updateBy Kyle RomingerEnvironmental and Natural Resources Law, February 2009An overview of environmental legislation signed into law in 2008.
Management of urban soils as “Clean construction and demolition debris”By Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, February 2009For several years those engaged in redevelopment of urban sites in Illinois have advocated the classification of soils containing contaminants (particularly lead and polynuclear aromatic hydrocarbons, or PNAs) within area background concentrations as “Clean Construction and Demotion Debris,” or “CCDD.”
Phase I Environmental Site Assessments: The familiar strangerBy Phillip R. Van NessReal Estate Law, February 2009An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.
Illinois EPA submits indoor air quality proposalEnvironmental and Natural Resources Law, December 2008As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.
Legislative updateBy Kyle RomingerEnvironmental and Natural Resources Law, September 2008The following is a brief review of environmental-related legislation signed into law in 2007.
Regulatory developments in 2007By Monica RiosEnvironmental and Natural Resources Law, September 2008The Illinois Pollution Control Board (“Board”) was created by the Illinois Environmental Protection Act (“Act”) and is responsible under that Act for adopting many of the environmental regulations at force in the State of Illinois.
Reporting radioactive releases under the Environmental Protection ActBy John VanVrankenEnvironmental and Natural Resources Law, September 2008In 2005 and 2006, there were numerous press reports concerning releases of radioactive tritium from the Braidwood Nuclear Power Plant and from other nuclear power plants in Illinois.
Part Two: Federal Administrative Environmental Law - Permitting and Administrative EnforcementBy Bertram C. FreyEnvironmental and Natural Resources Law, May 2008Editor’s Note: This is the second part of a two-part series on Federal Administrative Law in the environmental area by Bert Frey, Deputy Regional Counsel for Region 5 of the United States Environmental Protection Agency and Nicole Wood from Bert’s staff.
Working towards more successful environmental mediation (pt. 2)By Kurt KamrathAlternative Dispute Resolution, May 2008In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Part One: Federal Administrative Environmental Law - RulemakingBy Bertram C. FreyEnvironmental and Natural Resources Law, April 2008Editor’s Note: In this issue, we are presenting the first of a two part series on Federal Administrative Law by Bert Frey, Deputy Regional Counsel for Region 5 of United States Environmental Protection Agency and Nicole Wood from Bert’s staff in the Regional Counsel office.
