Section Newsletters

Articles on Environmental Law

In this issue Environmental and Natural Resources Law, July 2001 This issue of the Environmental Law Section Council's newsletter features articles that address several water issues of which practitioners should be aware.
Supreme Court finds “Migratory Bird Rule” exceeds authority of the Federal Clean Water Act By Chuck Gunnarson Environmental and Natural Resources Law, July 2001 On January 9, 2001 the United States Supreme Court issued an opinion addressing a controversial rule used by the United States Army Corps of Engineers ("Corps") to regulate the use of certain types of wetlands for nearly fifteen years.
Suspended solids trading receives green light from Illinois Pollution Control Board Environmental and Natural Resources Law, July 2001 As anyone who has seen the Mississippi River will attest, it comes honestly by its nickname, "The Big Muddy."
Total maximum daily loads: a roadmap for water quality By Ivan J. Lieben & Craig A. Melodia Environmental and Natural Resources Law, July 2001 The goal of the Federal Water Pollution Control Act of 1972, later renamed the Clean Water Act (CWA), is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters."
Total maximum daily loads: Destination Illinois By Margaret P. Howard Environmental and Natural Resources Law, July 2001 This article briefly discusses the impaired waters found in Illinois, the causes of those impairments, and the Illinois EPA's options for achieving the TMDLs that are presently being developed.
Environmental insurance rescues the “lawsuit from hell” By Frederick S. Mueller Environmental and Natural Resources Law, June 2001 Following passage of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) in 1980, a prospective buyer (Buyer) of industrial property may have retained an environmental consulting firm to perform a "due diligence" investigation at the seller's (Seller) property.
First District panel agrees: sometimes, less (costs) more By Phillip R. Van Ness Environmental and Natural Resources Law, June 2001 A recent opinion of the First District Appellate Court (Second Division) confirms that where contract law and environmental law combine, minimalist environmental remedies purchased at the cost of protracted delay may be disfavored.
In this issue Environmental and Natural Resources Law, June 2001 This issue starts with additional information from the chair of the Environmental Law Section Council, Diana Jagiella, about the 2001 Illinois Environmental Conference, to be held in Chicago on September, 21 & 22--mark your calendars!
New procedural rules guide for practitioners appearing before the Pollution Control Board By Elena Z. Kezelis Environmental and Natural Resources Law, June 2001 Albert Einstein's contributions to our understanding of the universe around us took many forms.
The Northern District rejects a private right of action under the Illinois Environmental Protection Act By Diana M. Jagiella Environmental and Natural Resources Law, June 2001 Based on a recent decision by the United States District Court for the Northern District of Illinois, Plaintiffs may no longer bring pendant state claims under the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq., in federal actions.
Third District panel gets the last word By Phillip R. Van Ness Environmental and Natural Resources Law, June 2001 In an otherwise unremarkable decision, the Third District Appellate Court has held that last-minute public comments by a landfill siting applicant and a biased staff in the employ of the final siting authority do not render the siting proceedings fundamentally unfair.
View from the chair By Diana M. Jagiella Environmental and Natural Resources Law, June 2001 In our last issue, we recommended all environmental law practitioners keep September 21 and 22, 2001 open for the upcoming "2001 Illinois Environmental Conference."
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
Don’t ELUC now, but there’s a new Brownfields institutional control in town By Stephen F. Hedinger Environmental and Natural Resources Law, March 2001 One of Illinois' most progressive environmental policies instituted in recent the past was an approach to remediation that recognized the potential risk of contamination in relation to a property's use, likely future use, and the potential for humans to come into contact with contamination.
In this issue Environmental and Natural Resources Law, March 2001 The first and most exciting item in this issue of the Environmental Law Section Council's newsletter is the "View from the chair" by Diana Jagiella, the chair of our section council, providing notice of a May 21 and 22 environmental conference to be held in Chicago.
Requests for access to municipal right of way in Illinois by private interests: a license to use By Jeffrey D. Lester Environmental and Natural Resources Law, March 2001 Over the years, most local governments have learned the general legal rule that a government may not lease its rights of way to private persons or organizations for purely private, exclusive uses.
Citizens Organizing Project v. Department of Natural Resources: Supremes define reasonable litigation expense when administrative rule is invalidated By Robert T. Lawley Environmental and Natural Resources Law, January 2001 In the recently decided case of Citizens Organizing Project v. Department of Natural Resources, 189 Ill. 2d 593, ...N.E. 2d ..., ... Ill. Dec. ..., 2000 WL 46033 (Jan. 21, 2000) (No. 86878), rehearing denied (Apr. 3, 2000), the Illinois Supreme Court broadly interpreted Section 10-55(c) of the Administrative Procedure Act, ruling that a party who causes an administrative rule to be invalidated by a court is entitled to all of the party's reasonable litigation expenses incurred throughout the action.
Divided Third District panel plainly at odds on plain meanings Environmental and Natural Resources Law, January 2001 In a decision that Bill Clinton surely would love, a panel of the Third District Appellate Court disputed the plain meaning of "person" as used at subsections (a) and (p)(1) of section 21 of the Illinois Environmental Protection Act (415 ILCS 5/21(a) and (p)(1)). It seems that "person" is as difficult to define as "is" is.
EAB Rules that Tennessee Valley Authority made “modifications” pursuant to NSR regulations By Tina Archer Environmental and Natural Resources Law, January 2001 In November 1999, the United States Environmental Protection Agency (EPA) launched a major enforcement initiative against electric utilities in the Midwest and the South including American Electric Power, Cinergy, Illinois Power and the Tennessee Valley Authority (TVA).
Footnote: USEPA reluctantly bows to Eighth Circuit Court of Appeals in Harmon “overfiling” case By Phillip R. Van Ness Environmental and Natural Resources Law, January 2001 Readers of this newsletter will recall earlier comments regarding a decision by the U.S. District Court for the Western District of Missouri (Smith, J.) in Harmon Industries, Inc. v. Browner, 19 F.Supp.2d 988 (W.D. Mo. 1998), which, inter alia, held that USEPA could not "overfile" where an authorized state had acted, unless it first took steps to pull that state's authorization.
If it walks like a duck … Fifth District upholds State’s position that a person operating a Landfill is the “operator” Environmental and Natural Resources Law, January 2001 The Fifth District Appellate Court has decided that a person can be held accountable as a landfill operator even if he has never signed a permit application claiming to be the operator.
In this issue Environmental and Natural Resources Law, January 2001 This issue of the Environmental Law Newsletter starts off with a private practitioner's reply to an article by USEPA's Galene Vasaturo, published in this newsletter several issues ago, concerning the federal government's attempts to regulate lead based paint in residential housing.
Individual standing to sue to protect the environment By Babette P. Salus & Eric M. Schwing Environmental and Natural Resources Law, January 2001 Article XI of the Illinois Constitution of 1970, referred to as the environmental article, provides in its entirety:
A private practitioner’s reply to “Lead paint poisoning law and enforcement: a federal perspective” By Maureen Martin Environmental and Natural Resources Law, January 2001 An article in the last issue of Environmental Law entitled "Lead paint poisoning law and enforcement: a federal perspective" (hereinafter the "Federal Article") provided an overview of local, state and federal laws and regulations addressing childhood lead exposure, with particular emphasis upon aggressive enforcement activities by the U.S. Environmental Protection Agency ("U.S. EPA") under the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (the "Act").
Illinois Rivers 2020: A vital investment in Illinois’ future By Corinne Wood Environmental and Natural Resources Law, June 2000 Recently, I have been traveling across Illinois to build public support for a bold initiative, which will address the economic and environmental issues concerning the Illinois River and its tributaries.
Indexes to government resources Environmental and Natural Resources Law, June 2000 Supplies information and links pertaining to a wide range of federal government agencies and programs.
Inside Environmental and Natural Resources Law, June 2000 The lead article for this issue of the Environmental Law Newsletter is a timely and informative explanation by Illinois Lieutenant Governor Corinne Wood of the Illinois Rivers 2020 program, which is an ambitious and forward-looking initiative to improve the condition of the Illinois River Basin, a project which could have substantial economic and quality of life ramifications for the majority of Illinois citizens
A look at the Pollution Control Board’s Website Environmental and Natural Resources Law, June 2000 The following is a cleaned-up printout of the "links" area of the Pollution Control Board's website, which can be accessed at http://www.ipcb.state.il.us/
The Illinois Supreme Court rejects a private right of action under Illinois’ Lead Poisoning Prevention Act By Charles J. Northrup Environmental and Natural Resources Law, May 2000 On July 1, 1999, the Illinois Supreme Court issued its opinion in Abbasi v. Paraskevoulakos
Inside Environmental and Natural Resources Law, May 2000 With this issue we present two articles concerning lead-based paint. The first is by Gaylene Vasaturo, a USEPA Region Five counsel heavily involved with lead-based paint issues.

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