Section Newsletters

Articles on Environmental Law

Holm v. Kodat: A Primer on Navigable Waterways, Riparian Rights, and the Role of the Judiciary By William J. Anaya Environmental and Natural Resources Law, October 2022 The Illinois Supreme Court recently affirmed the lower court's decision that an owner with riparian rights on a non-navigable waterway does not have the right to use that waterway to enter the property of another riparian owner without first obtaining permission.
U.S. Supreme Court Limits USEPA Authority in West Virginia v. EPA By Melissa S. Brown & Michael P. Murphy Environmental and Natural Resources Law, October 2022 On June 30, 2022, the U.S. Supreme Court issued an opinion addressing the United States Environmental Protection Agency’s authority to devise emissions caps for power plants based on a generation shifting approach.
Appellate Court Vacates Large Penalty By Raymond Reott Environmental and Natural Resources Law, June 2022 An Illinois appellate court panel reversed the trial court judgment regarding civil enforcement of the environmental laws at a famous dump site in Ford Heights.
Georgia Ruling Signals New Concerns for PFAS Users and Wastewater Treatment Systems By Catherine Masingill Environmental and Natural Resources Law, June 2022 A federal district court in Georgia found that certain wastewater treatment practices and uses of PFAS may create liability under the Clean Water Act.
Ownership and Use of the Subsurface: A Synthesis and Proposal By Paul K. Stockman Environmental and Natural Resources Law, June 2022 Despite the current and future importance of underground natural gas storage and underground injection of liquid waste, the governing legal rules are inconsistent and often unclear.
Summary of New ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments By Vincent Oleszkiewicz & Julia Wu Environmental and Natural Resources Law, March 2022 A brief summary highlighting the primary modifications to the Phase I ESA requirements promulgated under the new E1527-21 standard.
Municipalities Need to Fix Their Sewers By Raymond T. Reott Environmental and Natural Resources Law, December 2021 All across Americas, cities are facing issues caused by wear and tear on their infrastructure. Sewer systems are particularly vulnerable to deterioration over time.
Reaffirmation of Policyholder’s Right to Pick Counsel By Raymond T. Reott Environmental and Natural Resources Law, December 2021 With any environmental litigation, there is often collateral litigation involving insurance carriers for the defendants in an attempt to have them pay for the defense and any damages in the case. The carriers will typically defend under a reservation of rights relevant if the policies are triggered.
Tort Claim for Increased Risk of Harm By Raymond T. Reott Environmental and Natural Resources Law, December 2021 In the recent case of Berry v. City of Chicago, the Illinois Supreme Court reaffirmed earlier decisions holding that increased risk of harm is not by itself sufficient for a negligence claim.
PFAS Litigation: Emerging Trends for the Latest Emerging Contaminant By Thomas A. Bloomfield, Samantha R. Caravello, Nicholas M. Clabbers, Sarah C. Judkins, & Sara V. Mogharabi Environmental and Natural Resources Law, November 2021 A look at current per- and polyfluoroalkyl substances litigation and how it compares to litigation over other contaminants.
Plastic Pollution Litigation By Sarah J. Morath, Samantha Hamilton, & Amanda Thompson Environmental and Natural Resources Law, November 2021 An analysis of recent litigation involving plastic pollution.
Illinois Issues One of the Lowest Health Advisory Guidance Levels in the Nation By Matt Walker & Jessica Rosell Environmental and Natural Resources Law, March 2021 On January 28, 2021, the Illinois Environmental Protection Agency took a significant step forward to address a class of emerging contaminants in drinking water when it released non-enforceable Health Advisory Levels for four different per- and polyfluoroalkyl substances.
Killing Factory Farm Funding to Resuscitate the World Food Economy By Carlie Leoni & Kenneth Anspach Environmental and Natural Resources Law, March 2021 Economic disruptions from a global pandemic combined with a movement toward conservation, sustainability, and animal welfare could provide the impetus for regulatory reform that alters farming from a self-interested industry to a more responsible and sustainable sector health­fully feeding a growing population.
Nationwide Permit 12: Vacatur, Modification, and Challenges By Lisa A. Decker Environmental and Natural Resources Law, March 2021 A look at the ongoing legislation and rulemaking surrounding oil and gase pipeline permitting under Nationwide 12.
PFAS Gaining Legislative and Regulatory Traction By Patrick J. Paul Environmental and Natural Resources Law, October 2020 In recent years, environmental and toxic tort practitioners have begun to focus on per- and polyfluoroalkyl substances.
1 comment (Most recent October 27, 2020)
In Defense of an Unpopular Drinking Water Rule By Eric L. Klein Environmental and Natural Resources Law, August 2020 A look at the Lead and Copper Rule in light of the Environmental Protection Agency's 2019 proposed revisions to it.
No Balance Required: A Review of Injunctive Relief Under the Illinois Environmental Protection Act By James Morgan & Matthew Walker Environmental and Natural Resources Law, August 2020 A review of the injunctive mechanisms available to governmental authorities and private parties under the Illinois Environmental Protection Act and the body of law surrounding a sweeping evolution of equitable relief that has developed since the spring of 1970.
Supreme Court Seeks Middle Ground in Landmark Clean Water Act Decision By Jorge Mihalopoulos Environmental and Natural Resources Law, August 2020 An analysis of County of Maui v. Hawaii Wildlife Fund, the most significant Clean Water Act case decided by the U.S. Supreme Court in over a decade.
The Dicamba Roller Coaster Continues By Jeffrey A. Mollet Agricultural Law, June 2020 A recent ninth circuit opinion found that the conditional registration of three dicamba-based herbicides was improperly issued by the Environmental Protection Agency.
The Right to Setoff in Bankruptcy: Debtors vs. Farm Service Agency By Jeffrey A. Mollet Agricultural Law, June 2020 An interesting issue as to the right of setoff, or lack thereof, was recently addressed in a farm bankruptcy dispute between husband and wife debtors and the Farm Service Agency.
Trump Administration’s Navigable Waters Protection Rule Reduces the Reach of the Clean Water Act By Jorge Mihalopoulos Environmental and Natural Resources Law, June 2020 On April 21, 2020, the U.S. Army Corps of Engineers and Environmental Protection Agency achieved a top priority of the Trump Administration’s environmental agenda: Narrowing the scope of the Clean Water Act by officially replacing the Obama Administration’s Clean Water Rule.
U.S. Supreme Court Confirms Landowners’ Right to Seek Remediation Costs at Superfund Sites Under State Law By Shari Lumb Milewski & Robert Petti Environmental and Natural Resources Law, June 2020 In April, the U.S. Supreme Court decided Atlantic Richfield Co. v. Christian, (2020), a case involving landowners who sought to use state law claims in nuisance, trespass, and strict liability to compel Atlantic Richfield Co. to conduct a more extensive cleanup than the U.S. Environmental Protection Agency had required under the Comprehensive Environmental Response, Compensation, and Liability Act.
National Defense Authorization Act Adds PFAS to Toxics Release Inventory By Richard Desrosiers & John Osbourne Environmental and Natural Resources Law, February 2020 The National Defense Authorization Act was signed into law and became effective on December 20, 2019, adding several per- and polyfluoroalkyl substances to the Toxics Release Inventory program and reporting system.
Trump Weighs in on WOTUS and Repeals Obama’s Clean Water Rule By Jorge Mihalopoulos Environmental and Natural Resources Law, February 2020 The phrase "waters of the United States" has caused ambiguity in hundreds of cases. Although the Trump administration has taken steps to replace the Clean Water Rule, it will not likely end the debate.
1 comment (Most recent March 9, 2020)
Significant 2018 Federal Court Decisions in Environmental Law By Kenneth Anspach Environmental and Natural Resources Law, December 2019 Summaries of recent federal court decisions in environmental law.
A Tale of Three Levels: Cleanup Costs, Vanishing LLCs, and Frackers’ Futures By Prof. James T. O’Reilly Environmental and Natural Resources Law, December 2019 The commercial value of fracking is well known, but what will be its lasting impact?
Environmental Law Column By Kel Goff Environmental and Natural Resources Law, October 2019 Summaries of environmental law cases of interest.
Solar Energy in Illinois: An Overview of New Opportunities for Solar in Illinois By John Albers Environmental and Natural Resources Law, October 2019 An overview of the substantial growth solar energy is poised to see under the Future Energy Jobs Act.
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.
Environmental law column By Kel Goff Alternative Dispute Resolution, May 2019 Summaries of environmental law cases of interest.

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