Environmental Law

The newsletter of the ISBA’s Section on Environmental and Natural Resources Law

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2022 Articles

Appellate Court Vacates Large Penalty By Raymond Reott 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.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya March 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.
Editor’s Note By William J. Anaya October 2022 An introduction to the issue from the editor.
Editor’s Note By Raymond Reott March 2022 An introduction to the issue from the editor.
Georgia Ruling Signals New Concerns for PFAS Users and Wastewater Treatment Systems By Catherine Masingill 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.
Holm v. Kodat: A Primer on Navigable Waterways, Riparian Rights, and the Role of the Judiciary By William J. Anaya 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.
Ownership and Use of the Subsurface: A Synthesis and Proposal By Paul K. Stockman 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 March 2022 A brief summary highlighting the primary modifications to the Phase I ESA requirements promulgated under the new E1527-21 standard.
U.S. Supreme Court Limits USEPA Authority in West Virginia v. EPA By Melissa S. Brown & Michael P. Murphy 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.