Discusses published agenda proposing changes to Illinois EPA AERs, including elimination of Illinois’ Emissions Reduction Market System
Category Archives: Environmental Law
Summarizes the Illinois Pollution Control Board’s new Time-Limited Water Quality Standard for chloride
This entry was posted in Environmental Law and tagged Chloride Reduction, Environmental Protection Agency, IEPA, Illinois Pollution Control Board, TLWQS, USEPA, Water Quality Standard on .
Environmental Justice Becomes Part of Federal Climate Change Policies
February 23, 2021
Summarizes key environmental justice aims of 2021 Executive Order on Climate Crisis: philosophy, new Councils, added enforcement duties and emphases
This entry was posted in Environmental Law and tagged Climate Change, Environmental Justice, USEPA, White House Environmental Justice Advisory Council, White House Environmental Justice Interagency Council on .
PFAS on Illinois EPA’s and U.S. EPA’s Radar
February 16, 2021
Illinois’ EPA issued health advisories for PFAS. U.S. EPA under Biden plans to prioritize regulating PFAS
This entry was posted in Environmental Law and tagged Forever Chemicals, Illinois EPA, PFAS, USEPA on .
Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters. In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are […]
This entry was posted in Environmental Law and tagged Clean Water Act, Groundwater Discharge, Supreme Court, USEPA on .
USEPA Announces Revised Interpretation of “Begin Actual Construction” under New Source Review Regulations
May 18, 2020
On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner […]
This entry was posted in Environmental Law and tagged Begin Actual Construction, New Source Review, United States Environmental Protection Agency, USEPA on .
Supreme Court: Groundwater Discharges to Navigable Waters Require a Permit When ‘Functionally Equivalent’ to a Direct Discharge
April 23, 2020
Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. No. 18-260, Argued 1/6/2019, Decided 4/23/2020) Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through […]
This entry was posted in Environmental Law and tagged Clean Water Act, Supreme Court, USEPA on .
Illinois Pollution Control Board Reconsiders Ruling on Groundwater Management Zones, Affirms Remainder of Order on Coal Ash Violations
February 13, 2020
This post updates the October 15, 2019, blog post regarding the citizen enforcement proceeding against Midwest Generation, LLC (“MWG”) launched by several environmental advocacy groups (“Environmental Groups”). (That post can be read here.) On February 6, 2020, the Illinois Pollution Control Board (“Board”) issued an order in Sierra Club, et al. v. Midwest Generation, LLC […]
This entry was posted in Environmental Law and tagged Coal Ash, Compliance Commitment Agreement, Groundwater Management Zones, Illinois Pollution Control Board on .
USEPA Seeks to Add PFAS to List of Toxic Chemicals
December 6, 2019
On December 4, 2019, the United States Environmental Protection Agency (USEPA) published in the Federal Register an Advance Notice of Proposed Rulemaking titled “Addition of Certain Per-and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting.” 84 Fed. Reg. 66369. USEPA is currently considering a rule proposal to add certain polyfluroroalkyl substances (PFAS) to the list […]
This entry was posted in Environmental Law, United States Environmental Protection Agency and tagged EPCRA, PFAS, Toxic Chemicals on .
On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance […]
This entry was posted in Environmental Law and tagged Coal Ash, Groundwater Management Zones, Illinois Pollution Control Board on .