Environmental Law

The newsletter of the ISBA’s Section on Environmental Law

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2002 Articles

A chip off the ole’ block—a comparative analysis of the Illinois Environmental Protection Act and CERCLA By Matthew J. Cozzi March 2002 Many landowners, former owners, prospective purchasers and operators of potentially contaminated property in Illinois tread lightly (or, perhaps, should) in fear of liability under the broad umbrella of the Comprehensive Environmental Response, Compensation and Liability Act , commonly known as CERCLA.
City of Springfield v. Hashman: 4th District says close enough is good enough By Gene Schmittgens & Anna Chesser Smith December 2002 In City of Springfield v. Hashman, 774 N.E.2d 427, 266 Ill.Dec. 321 (July 29, 2002), the appellate court for the Fourth District enjoined the development of a 22.408-acre parcel of land located outside the limits of the City of Springfield but within 200 feet of Lake Springfield, the primary water supply of the City and Sangamon County.
Clerk’s Office On-Line: Illinois Pollution Control Board’s “COOL” By Claire A. Manning & Richard R. McGill December 2002 Ever since its introduction at the Illinois Pollution Control Board's 25th anniversary in Chicago in 1995, the Board's Web site has become a widely-used resource.
The confusing rules of natural resource damage assessments By Christine A. Picker November 2002 The natural resource damage assessment rules provide for the conduct of natural resource damage assessments under CERCLA and the Clean Water Act. 43 C.F.R. part 11.
Donaldson v. CIPS: a case of pennywise, pound foolish? By James K. Weston, Sr. October 2002 The Illinois Supreme Court recently decided the case of Zachary Donaldson, et al., v. Central Illinois Public Service Company, et al., Docket No. 89679, opinion filed February 22, 2002.
Electronic waste: A growing problem By Raymond T. Reott November 2002 In the early 1970s, as businesses installed scrubbers and other air pollution control devices to meet Clean Air Act requirements and water treatment facilities to meet new Clean Water Act requirements, the result was to shift captured contaminants from air emissions and water discharges to landfills.
Enviro-Science e-Print Service offers help in environmental research December 2002 The Enviro-Science e-Print Service is a multi-agency project of DOE's Environmental Management Science Program (EMSP), the U.S. EPA Office of Research and Development, content partners, and sponsors.
Environmental attorneys may catch chill from new corporate ethics legislation By Phillip R. Van Ness October 2002 They say an ill wind blows no good, and environmental practitioners may find themselves in the midst of a gale.
First District pulls the “continuing trigger” on vertical exhaustion of pollution insurance coverage By Phillip R. Van Ness January 2002 In a somewhat strangely crafted opinion involving a case over which "difficulty of proof hovers ... like a dark cloud," an Illinois appellate court has apparently put to rest the concept of "Vertical Exhaustion" of insurance coverage for ongoing environmental damages.
IERRC scores first “win” in drive to update the Illinois Environmental Protection Act By Phillip R. Van Ness October 2002 As most readers of this newsletter know, Governor Ryan created the Illinois Environmental Regulatory Review Commission (IERRC) by Executive Order #18 in December of 1999.
In this issue By Phillip R. Van Ness December 2002 This month's newsletter includes a comprehensive introduction to the Illinois Pollution Control Board's new COOL (for Clerk's Office On-Line) system, presented by the Board's Chairman, Claire Manning, and Richard McGill.
In this issue October 2002 This month's newsletter covers current developments in the courts, in Congress and in the Illinois Statehouse.
In This Issue April 2002 As many attorneys in Illinois know, practicing in the area of environmental law means handling matters before the Pollution Control Board.
In this issue By Margaret P. Howard March 2002 An introduction to the issue from Editor Margaret Howard.
In this issue January 2002 This month's newsletter covers environmental issues ranging from leaves to LUSTs.
A LUST for money; re-discovering the indemnification provisions of the Leaking Underground Storage Tank Program By Phillip R. Van Ness January 2002 Throughout its 15-year history, the Illinois Leaking Underground Storage Tank (LUST) Program has been subject to administrative buffoonery, extensive legislative tinkering1 and chronic underfunding.
New federal law continues trend towards relaxing requirements for small businesses and facilitating brownfields remediation By Phillip R. Van Ness March 2002 Now and then one encounters a piece of legislation that has surprising support across the political spectrum.
Novel settlement: A new trend? By Raymond T. Reott November 2002 In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.
Of peekaboo bonds and offers of proof: Court affirms Pollution Control Board holding that EPA not barred from denying landfill permit due to dropped surety By Phillip R. Van Ness October 2002 Sometimes a company's environmental problems aren't related to the environment at all. Witness a recent (May 15, 2002) Third District case, Community Landfill Company v. Pollution Control Board.
An overview of the Illinois Pollution Control Board By Elaine Agnew April 2002 The Illinois Pollution Control Board was given the duties of determining, defining, and implementing the environmental control standards applicable in the State of Illinois and adopting rules and regulations in accordance with Title VII of the Environmental Protection Act by the Illinois General Assembly through the adoption of the Environmental Protection Act in 1970.
Peoria County Board may seek permission to allow yard waste to be added to municipal landfills By Phillip R. Van Ness January 2002 It looks like the change of seasons is triggering more than falling leaves. A proposal before the Peoria County Board may have repercussions throughout the state.
Practice tip: lead and toxic release inventory reporting March 2002 If a company you represent is required to submit a Toxic Chemical Release Inventory ("TRI") Form, also known as "Form R", check the recently lowered threshold for reporting lead.
A quick look at enforcement provisions of the Illinois Environmental Protection Act By Lisle A. Stalter November 2002 The purpose of the Illinois Environmental Protection Act is "to establish a unified, statewide program supplemented by private remedies, to restore, protect and enhance the quality of the environment, and to assure the adverse effects upon the environment are fully considered and borne by those who cause them," 415 ILCS 5/2(b).
Retooling the federal NSR program By Steven M. Siros January 2002 For many companies, especially those contemplating facility upgrades or facility modifications which affect air emissions, the federal New Source Review ("NSR") program is often viewed as an insurmountable hurdle that can stop a project in its tracks.
Shifting responsibility under the new antidegradation rule By Margaret P. Howard March 2002 On February 21, 2002 the Illinois Pollution Control Board ("Board") adopted amendments to its "nondegradation" rule found at 35 Ill. Adm. Code 302.105.
Unauthorized practice of law in administrative proceedings By Claire A. Manning & Richard R. McGill April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
“Up the ladder” or “up the creek”? Environmental counsel and the strange new world of Sarbanes-Oxley By Phillip R. Van Ness December 2002 In an earlier edition of this newsletter, we advised readers that the environmental practitioner may find himself/herself entangled in the attorney regulatory rules to be promulgated by the Securities and Exchange Commission (SEC) in response to the so-called Sarbanes-Oxley Act of 2002 (Public Law No. 107-204) (the Act).