In this issueEnvironmental and Natural Resources Law, June 2001This 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!
The Northern District rejects a private right of action under the Illinois Environmental Protection ActBy Diana M. JagiellaEnvironmental and Natural Resources Law, June 2001Based 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 wordBy Phillip R. Van NessEnvironmental and Natural Resources Law, June 2001In 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 chairBy Diana M. JagiellaEnvironmental and Natural Resources Law, June 2001In 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 CircuitBy Nile J. WilliamsonLabor and Employment Law, April 2001A 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 townBy Stephen F. HedingerEnvironmental and Natural Resources Law, March 2001One 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 issueEnvironmental and Natural Resources Law, March 2001The 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.
Citizens Organizing Project v. Department of Natural Resources: Supremes define reasonable litigation expense when administrative rule is invalidatedBy Robert T. LawleyEnvironmental and Natural Resources Law, January 2001In 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 meaningsEnvironmental and Natural Resources Law, January 2001In 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 regulationsBy Tina ArcherEnvironmental and Natural Resources Law, January 2001In 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” caseBy Phillip R. Van NessEnvironmental and Natural Resources Law, January 2001Readers 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.
In this issueEnvironmental and Natural Resources Law, January 2001This 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 environmentBy Babette P. Salus & Eric M. SchwingEnvironmental and Natural Resources Law, January 2001Article 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 MartinEnvironmental and Natural Resources Law, January 2001An 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’ futureBy Corinne WoodEnvironmental and Natural Resources Law, June 2000Recently, 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 resourcesEnvironmental and Natural Resources Law, June 2000Supplies information and links pertaining to a wide range of federal government agencies and programs.
InsideEnvironmental and Natural Resources Law, June 2000The 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 WebsiteEnvironmental and Natural Resources Law, June 2000The 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/
InsideEnvironmental and Natural Resources Law, May 2000With 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.
“Taking the Fifth” at an administrative hearingBy Rosalyn B. KaplanEnvironmental and Natural Resources Law, May 2000During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
The constitutional right to a healthful environmentBy Eric M. Schwing & Babette P. SalusEnvironmental and Natural Resources Law, June 1999Sugar Creek in Williamson County has been identified as one of Illinois' most biologically significant streams.
Harmon strikes sour note with U.S. EPABy Phillip R. Van NessEnvironmental and Natural Resources Law, June 1999A recent decision by the U.S. District Court for the Western District of Missouri (Smith, J.) has raised the ire of U.S. EPA, which has filed an appeal with the Eighth Circuit Court of Appeals.
