Environmental Law

The newsletter of the ISBA’s Section on Environmental Law

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2004 Articles

CAFOs and air emissions By Michael C. White November 2004 Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
Case Review: People v. J. Harrison as Trustee under trust No. 410 - A look at the use of alternative service in environmental enforcement actions By Lisle A. Stalter November 2004 Many techniques have been used to protect property owners from liability for the condition of their property.
The confused state of the useful product defense By Jeffrey M. Pollock January 2004 CERCLA section 107(a)(3) provides that a person is liable for the disposal of a hazardous substance. Specifically, any person who "arranged for disposal . . . of hazardous substances owned by such person" is covered by the broad grasp of CERCLA liability.
Environmental insurance success By Raymond T. Reott January 2004 Experienced practitioners representing industrial entities know that the comprehensive general liability ("CGL") insurance policies purchased by those entities often can be used to provide coverage for various types of environmental claims.
General Assembly legislatively overrules Ryan v. Agpro By Jorge Mihalopoulos November 2004 In January of 2004, the Appellate Court of Illinois for the Second District decided Ryan v. Agpro, Inc., 345 Ill. App. 3d 1011, 803 N.E.2d 1007, 281 Ill.Dec. 386 (2nd Dist. 2004).
Gerwin v. Livingston County Board1: The Open Meetings Act and its impact on hearings By Lisle A. Stalter June 2004 American Disposal Services operates a landfill in unincorporated Livingston County, near Pontiac, Illinois.
Phase II stormwater discharge permits and the Tenth Amendment By Jorge Mihalopoulos June 2004 The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.
Setting a limit on environmental lawsuits By James D. Brusslan June 2004 It is common during negotiations for the sale of industrial property for the parties to assure that the site meets environmental standards.
Supreme Court wrap-up By Channing J. Martin November 2004 (Notice to librarians: The following issues were published in Volume 34 of this newsletter during the fiscal year ending June 30, 2004: August, No. 1; October, No. 2; January, No. 3; June, No. 4).
The use of TMDLs to regulate nonpoint sources of water pollution By Jorge Mihalopoulos January 2004 A nonpoint source of water pollution is generally understood to be pollution in the form of runoff from farming, ranching, forestry and land development activities.