Environmental Law

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

ISBA Members, please login to join this section

2009 Articles

2009 spring legislative session environmental bills October 2009 Here are the highlights on environmental bills passed during the Spring 2009 Session of the General Assembly.
Burlington Northern & Santa Fe Railway Co. v. U.S.: New rules for CERCLA arranger liability By Raymond T. Reott & Becky J. Schanz July 2009 Even in an established area of law like CERCLA, there is room for revolutionary change.
Encased asbestos: Dangerous or safe? By Becky J. Schanz April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott & Becky J. Schanz October 2009 In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Indoor air inhalation update By Raymond T. Reott February 2009 The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Legislative update By Kyle Rominger February 2009 An overview of environmental legislation signed into law in 2008.
Management of urban soils as “Clean construction and demolition debris” By Joseph R. Podlewski, Jr. February 2009 For several years those engaged in redevelopment of urban sites in Illinois have advocated the classification of soils containing contaminants (particularly lead and polynuclear aromatic hydrocarbons, or PNAs) within area background concentrations as “Clean Construction and Demotion Debris,” or “CCDD.”
Pollution Control Board questions Illinois EPA proposal on vapor intrusion By Raymond T. Reott April 2009 On March 17, 2009, the Illinois Pollution Control Board held the second public hearing on the Illinois EPA proposal to add a vapor intrusion indoor air inhalation pathway to the existing TACO cleanup objective system.
Supreme Court 2008 term: Several environmental rulings on standing and the Clean Water Act By Becky J. Schanz July 2009 Summaries of the three environmental law cases issued by the Supreme Court during its 2008 term.
Update on vapor intrusion rulemaking By Becky J. Schanz July 2009 In September 2008, the Illinois EPA submitted Rulemaking 09-9 amendments which add indoor inhalation exposure routes for vapor intrusion to TACO and update the remediation objectives for all exposure routes.