Section Newsletters

Articles From Lisle A. Stalter

Clean Water Act Jurisdiction: A Review of Sackett Cases One Year Later By Lisle A. Stalter & William J. Anaya Corporate Law Departments, June 2024 One year post Sackett et ux. v. Environmental Protection Agency, there were several significant decisions analyzing its applicability with differing interpretations.
Clean Water Act Jurisdiction: A Review of Sackett Cases One Year Later By Lisle A. Stalter & William J. Anaya Environmental and Natural Resources Law, April 2024 One year post Sackett et ux. v. Environmental Protection Agency, there were several significant decisions analyzing its applicability with differing interpretations.
Attorney-Client Privilege Under FOIA: A Further Look at Public Access Opinion 22-001 By Lisle A. Stalter Local Government Law, May 2023 Attorney-client communications are exempt from the requirement to provide documents under the Freedom of Information Act. But, in light of the presumptions of openness, not all communications between public bodies and their attorneys are protected by attorney-client privilege.
A Refresher on Standing in Environmental Litigation By Lisle A. Stalter Environmental and Natural Resources Law, March 2023 A refresher on standing and summaries of recent caselaw.
City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al.: Does the Supreme Court Provide Clarification or Confusion for Local Governments? By Lisle A. Stalter Local Government Law, May 2022 In April, the U.S. Supreme Court issued its opinion in the City of Austin v. Reagan National Advertising of Austin, but the decision provides little specific direction for local governments on the extent to which off-premises sign regulation will be upheld.
The Year in Review: Illinois Environmental Case Law Review By Lisle A. Stalter Environmental and Natural Resources Law, October 2019 Summaries of recent Illinois environmental law cases.
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.
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.
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.
What next: Enforcing an administrative adjudication order By Lisle A. Stalter Local Government Law, July 2016 What enforcement remedies will a court impose for a respondent who is ordered to take certain action in response to an ordinance violation and fails to do so? Will a court hold such respondent in contempt?
1 comment (Most recent July 16, 2016)
Conditions on special use permits: Will they be upheld if challenged? By Lisle A. Stalter Local Government Law, December 2015 Special uses (also commonly referred to as “conditional uses”) are a great zoning tool for local governments to allow for uses that are infrequent and have unique impacts and yet are desirable.
A look at Meade v. City of Rockford: settling agreements with a municipality By Lisle A. Stalter Local Government Law, June 2015 The court’s discussion is enlightening to the settlement process for local governments.
Prevailing party versus nominal awards: A look at Aponte v. City of Chicago By Lisle A. Stalter Federal Civil Practice, June 2015 A judgment in favor of the plaintiff doesn't necessarily mean the plaintiff is a “prevailing party” for an award of attorney fees.
Timing is everything … or is it? By Lisle A. Stalter Local Government Law, August 2014 A wise attorney will advise her client to look at the basis for a Family and Medical Leave Act request. If it is a medical condition that can occur or flare up at any point in time, a certificate issued after the date of the requested/taken leave may be reliable.
Emergency motions… is there really a fire? By Lisle A. Stalter Federal Civil Practice, September 2013 The author provides a review of the rules applicable to emergency motions.
Becoming more aware: A few tips on keeping you and your family safe By Lisle A. Stalter Government Lawyers, June 2013 The author shares some of the tips she learned after her office recently participated in a safety training class.
Successful application of the Family Medical Leave Act: Lessons learned from McClelland v. CommunityCare HMO, Inc. By Lisle A. Stalter Local Government Law, May 2013 McClelland v. CommunityCare HMO, Inc. an unpublished Tenth Circuit opinion and its district court case, provides good guidance on appropriate process and procedure to protect employers on the application of FMLA.
Seventh Circuit analyzes causation in a zoning case—is delay compensable? By Lisle A. Stalter Federal Civil Practice, December 2012 The recent case of Guth v. Tazewell County considered whether delay in granting rezoning relief created liability for a local government.
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Federal Civil Practice, June 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
When a private individual can claim qualified immunity—A look at Filarsky v. Delia By Lisle A. Stalter Local Government Law, May 2012 On April 17th of this year, the United States Supreme Court, in a unanimous decision, extended qualified immunity protections to a private individual hired by the government.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Environmental and Natural Resources Law, April 2012 This 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.
Wetland regulations—More than an environmental rule: A comment on County of Lake v. Campus Investments, Inc. By Lisle A. Stalter Local Government Law, March 2012 This 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.
The Political Question Doctrine applied—A look at Moore v. Grafton Township Board of Trustees By Lisle A. Stalter Local Government Law, September 2011 A brief look at the Moore v. Grafton case and the political question doctrine as it has been applied to local governments in Illinois.
Lessons learned from FCC v. AT&T: A look at the recent U.S. Supreme Court case By Lisle A. Stalter Local Government Law, June 2011 Although there are some fundamental difference in the federal Freedom of Information Act (“FOIA”) and the Illinois equivalent, lessons can be learned from the analysis of the recent U.S. Supreme Court decision in Federal Communications Commission v. AT&T.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
From the Chair By Lisle A. Stalter Government Lawyers, June 2010 An introduction to the issue from the committee's chair.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
From the Chair By Lisle A. Stalter Government Lawyers, April 2010 An introduction to the issue from Committee Chair Lisle Stalter.
In-Sites By Lisle A. Stalter Government Lawyers, April 2010 Useful Web sites to help you save money.
From the Chair By Lisle A. Stalter Government Lawyers, December 2009 It is hard to believe it is already fall and that a new issue of the newsletter is in the works. It has been a busy couple of months for the Committee on Government Lawyers. The Rules of Professional Conduct Program is set for December 10th. If you have not already registered, now is the time. Take advantage of the special $30 pricing and earn two hours of Professionalism credit.

Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.

Select a Different Author