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
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
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
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]