All Appropriate Inquiry at eight months: The more things change, the more they stay the sameBy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, March 2008The impact of the federal “All Appropriate Inquiry” regulations (40 C.F.R. Part 312) on the environmental assessment industry was the subject of much discussion among environmental professionals following the publication of the final AAI rules in the Federal Register on November 1, 2005.
Insurance coverage for bankruptcy claimsBy Raymond T. Reott & Becky J. SchanzEnvironmental and Natural Resources Law, March 2008When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Legislative update: Ten new Public Acts that affect general practiceBy J.A. SebastianGeneral Practice, Solo, and Small Firm, November 2007The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Guidance from aboveBy Raymond T. ReottEnvironmental and Natural Resources Law, October 2007In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
U.S. Supreme Court leads PRPs back to §107(a) for cost recovery under CERCLABy Kyle RomingerEnvironmental and Natural Resources Law, October 2007In a unanimous decision, the United States Supreme Court has ended recent uncertainty regarding cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).
Recent SEC enforcement of environmental financial disclosureBy E. Lynn Grayson & Stephanie M. AilorCorporate Law Departments, September 2007In the past few months, the SEC has resolved a number of pending actions against corporate executives accused of engaging in improper environmental financial reporting.
Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall?By Gene Schmittgens & Jessica MerriganEnvironmental and Natural Resources Law, February 2007Not only did the Court’s decision in Cooper Industries, Inc. v. Aviall Services, Inc. eliminate the availability of contribution under CERCLA following a voluntary cleanup, it also has the potential to significantly limit the right of contribution for parties that have “settled” or wish to “settle” liability in an administrative setting.
Delegation Agreements under the Illinois Environmental Protection ActBy Lisle A. StalterEnvironmental and Natural Resources Law, December 2006The delegation agreement is a formal written agreement between the Illinois Environmental Protection Agency and a unit of local government.
Recent decision addresses landlord liability for lead-based paint hazardBy T.J. HunterEnvironmental and Natural Resources Law, December 2006Earlier this year the Fourth District of the Appellate Court of Illinois allowed tenants to pursue a private cause of action against a landlord and its agent even though the defendants had no knowledge of the presence of lead paint.
Insurance notice obligationsEnvironmental and Natural Resources Law, September 2006In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Supreme Court will hear global warming caseEnvironmental and Natural Resources Law, September 2006Just as this issue is going to press, the United States Supreme Court agreed to resolve the pending dispute related to the scope of USEPA’s regulatory powers with regard to carbon dioxide, one of the principle greenhouse gases emitted from motor vehicles.
U.S. EPA argues no implied right of contribution for PRPs under Section 107(a) of CERCLABy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, September 2006In the October, 2005 issue of the newsletter, we reported on the case of Metropolitan Water Reclamation District of Greater Chicago v. Lake River Corp., 365 F. Supp. 2d 913 (N.D. Ill. 2005).
Do you want fries with that? Biodiesel regulation in AmericaBy Christine LeBelEnvironmental and Natural Resources Law, June 2006Your local greasy spoon might provide a partial solution to the problem of U. S. dependence on foreign oil. New state and local laws are helping, including an Illinois law just signed last year.
Financial reporting for environmental claimsBy Chris BlumeEnvironmental and Natural Resources Law, June 2006Editor’s Note: As federal courts convict the participants in the various financial scandals that rocked the corporate and financial accounting worlds the last several years, there also will be increased attention on the reporting of environmental liabilities.
Extension of “arranger” liability to suppliers of dry-cleaning equipmentBy Jorge MihalopoulosEnvironmental and Natural Resources Law, May 2006In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
Pollution Control Board rules, January 2006By Kathleen M. Crowley & Marie E. TipsordEnvironmental and Natural Resources Law, May 2006The normally somewhat staid subject of rulemaking before the Illinois Pollution Control Board became Chicago Tribune front-page news January 5, 2006.
General Assembly expands IEPA’s powers and public notice dutiesBy Jorge MihalopoulosEnvironmental and Natural Resources Law, February 2006On July 25, 2005, Governor Rod Blagojevich signed into law Public Act 94-0314, which makes several amendments to the Illinois Environmental Protection Act (“Act”).
Groundwater and the CWABy Lisa A. KirschnerEnvironmental and Natural Resources Law, October 2005The scope of the federal Clean Water Act (CWA) has been the subject of substantial discussion and judicial review subsequent to the Supreme Court’s 2001 decision addressing isolated waters in Solid Waste Agency of Northern Cook County (SWANCC), 531 U.S. 159 (2001).
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.
Recent cases of note for Illinois environmental law practitionersBy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, October 2005Several cases have been decided in Illinois and federal courts over the past six months that are significant to environmental law practitioners.
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.
Regulatory status update: Perchlorate summary of federal and state regulationsBy Becky Raftery & Steven M. SirosEnvironmental and Natural Resources Law, May 2005One of the more confounding environmental issues to emerge in the last several years is the emergence of "new" contaminants, particularly at sites already undergoing remediation or that in some cases have been completely remediated.
