Environmental Law

The newsletter of the ISBA’s Section on Environmental Law

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2020 Articles

Celebrate Pro Bono Across Illinois: October 25-31, 2020 By Michael G. Bergmann October 2020 Pro Bono Week, which will be celebrated from October 25-31, is intended to inspire even greater pro bono participation by lawyers throughout the nation.
Coal-Fired Power Utilities and Ash Pond Owners in WebEx Hearings During Covid-19 Pandemic By Christine Zeman October 2020 The Illinois Pollution Control Board is currently in the process of conducting rulemaking hearings pursuant to a statutory mandate in Public Act 101-171.
Environmental Enforcement: What Happens When the COVID-19 Pandemic Is Over? By Matthew Cohn June 2020 In a policy that has been praised by some, criticized by others, misunderstood by many, and politicized by many more still, the United States Environmental Protection Agency articulated its expectations for environmental compliance during and after the COVID-19 pandemic.
In Defense of an Unpopular Drinking Water Rule By Eric L. Klein August 2020 A look at the Lead and Copper Rule in light of the Environmental Protection Agency's 2019 proposed revisions to it.
National Defense Authorization Act Adds PFAS to Toxics Release Inventory By Richard Desrosiers & John Osbourne 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.
No Balance Required: A Review of Injunctive Relief Under the Illinois Environmental Protection Act By James Morgan & Matthew Walker 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.
PFAS Gaining Legislative and Regulatory Traction By Patrick J. Paul 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)
Supreme Court Seeks Middle Ground in Landmark Clean Water Act Decision By Jorge Mihalopoulos 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.
Trump Administration’s Navigable Waters Protection Rule Reduces the Reach of the Clean Water Act By Jorge Mihalopoulos 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.
Trump Weighs in on WOTUS and Repeals Obama’s Clean Water Rule By Jorge Mihalopoulos 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)
U.S. Environmental Protection Agency Issues Final Policy and Technical Rules for the Oil and Gas Industry By Craig R. Hedin October 2020 On August 13, 2020, the U.S. Environmental Protection Agency issued two final rules related to the New Source Performance Standards for the oil and gas industry.
U.S. EPA and OSHA Enforcement Policies in the Time of COVID-19 Provide Opportunities to Mitigate Penalties but Are No Defense for Non-Compliance By William J. Anaya October 2020 As a result of the COVID-19 pandemic, the U.S. Environmental Protection Agency and Occupational Safety and Health Administration announced relaxations to their enforcement policies—but it is important to note that neither excuse regulatory non-compliance.
U.S. Supreme Court Confirms Landowners’ Right to Seek Remediation Costs at Superfund Sites Under State Law By Shari Lumb Milewski & Robert Petti 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.
USEPA Considers Emission Standards for Methane By Craig R. Hedin February 2020 The U.S. Environmental Protection Agency's one-size-fits-all approach with respect to all oil and natural gas operators in the United States has a disproportional impact on conventional operations such as those in Illinois where the norm is low production wells and small business operators.