2008 Articles

All Appropriate Inquiry at eight months: The more things change, the more they stay the same By Joseph R. Podlewski, Jr. March 2008 The 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.

Discarded materials revisited: A case review of Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter May 2008 We all knew that it would not be too long before a case came along looking at the Alternate Fuels opinion and its impact and implications on what constitutes waste and discarded materials.

Illinois EPA submits indoor air quality proposal December 2008 As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.

Insurance coverage for bankruptcy claims By Raymond T. Reott & Becky J. Schanz March 2008 When 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.

Is there a private cause of action under the Illinois Environmental Protection Act? A curious history of an interesting issue By John L. Leonard December 2008 Recent state and federal cases say no, there is no private cause of action under the IEPA.

Legislative update By Kyle Rominger September 2008 The following is a brief review of environmental-related legislation signed into law in 2007.

Part One: Federal Administrative Environmental Law - Rulemaking By Bertram C. Frey April 2008 Editor’s Note: In this issue, we are presenting the first of a two part series on Federal Administrative Law by Bert Frey, Deputy Regional Counsel for Region 5 of United States Environmental Protection Agency and Nicole Wood from Bert’s staff in the Regional Counsel office.

Part Two: Federal Administrative Environmental Law - Permitting and Administrative Enforcement By Bertram C. Frey May 2008 Editor’s Note: This is the second part of a two-part series on Federal Administrative Law in the environmental area by Bert Frey, Deputy Regional Counsel for Region 5 of the United States Environmental Protection Agency and Nicole Wood from Bert’s staff.

Radon disclosure now required for residential property sales By Raymond T. Reott April 2008 On January 1, 2008, the Illinois Radon Awareness Act (“the Act”) became effective.

Regulatory developments in 2007 By Monica Rios September 2008 The Illinois Pollution Control Board (“Board”) was created by the Illinois Environmental Protection Act (“Act”) and is responsible under that Act for adopting many of the environmental regulations at force in the State of Illinois.

Reporting radioactive releases under the Environmental Protection Act By John VanVranken September 2008 In 2005 and 2006, there were numerous press reports concerning releases of radioactive tritium from the Braidwood Nuclear Power Plant and from other nuclear power plants in Illinois.