News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 239-9722

U.S. EPA Regulates Cooling Water Intake Structures

Posted by Dave Scriven-Young on August 30, 2014 6:39 pm
The U.S. Environmental Protection Agency recently published final regulations to establish requirements for cooling water intake structures at existing facilities.  According to the EPA, "cooling water is withdrawn for the purpose of dissipating waste heat from industrial processes.  Over half of all water withdrawn in the United States each year is for cooling purposes.  By far, the largest industrial use of cooling water is for thermoelectric generation, but cooling water is also used in the manufacture of aluminum, chemicals and allied products, food and kindred products, pulp and paper, refined petroleum products, and steel, as well as in other industries."  EPA identified several potential problems with cooling water withdrawals, including impingment and entrainment:

Please Join Us For Next CBA Environmental Law Committee Meeting on September 2nd

Posted by Dave Scriven-Young on August 27, 2014 9:29 am
As Chair of the Chicago Bar Association’s Environmental Law Committee, I invite you to join us for our next meeting, which will be held on September 2, 2014 from 12:15 pm to 1:30 pm at the Chicago Bar Association.  The speaker will be Kristen Laughridge Gale from Nijman Franzetti, LLP, and the topic will be “Recent Developments in Illinois Environmental Legislation”.  Attorneys of all ages/experience and law students are encouraged to attend.

U.S. EPA Approves Changes to Illinois Vehicle Emission Testing Program

Posted by Dave Scriven-Young on August 19, 2014 9:27 pm
The U.S. Environmental Protection Agency recently approved changes to the vehicle inspection and maintenance program of the State of Illinois.  These changes were proposed by the Illinois EPA as revisions to the State Implementation Plan, which details how Illinois will comply with the Clean Air Act and its implementing regulations.

Dave Scriven-Young Elected to Chicago Bar Association Board of Managers

Posted by Dave Scriven-Young on August 14, 2014 8:07 am
My law firm, Peckar & Abramson, P.C., recently issued a press release congratulating me on being elected to the Chicago Bar Association Board of Managers: PECKAR & ABRAMSON, P.C.’S DAVID J. SCRIVEN-YOUNG ELECTED TO CHICAGO BAR ASSOCIATION BOARD OF MANAGERS  NEW YORK—July 17, 2014 – Peckar & Abramson, P.C. (P&A) is pleased to announce that David J. Scriven-Young, Senior Associate in the firm’s Chicago office, has been elected to serve on the Chicago Bar Association (CBA) Board of Managers. Mr. Scriven-Young will serve a two-year term as one of 24 CBA board members. Leading the CBA with Chicago’s Legal Elite Mr. Scriven-Young was sworn in to the CBA Board of Managers on Thursday, June 26, 2014. He will help lead the association and contribute to the development of its ongoing policies and programming as well as the management of its operating budget.The CBA Board of Managers consists of 24 total members of Chicago’s legal elite, including a federal district court judge, two judges from the Circuit Court of Cook County and several general counsels from both non-profit and for-profit companies. The Board includes 16 members elected by the membership and 6 officers including the President, First Vice-President, Second Vice-President, Secretary, Treasurer and Immediate Past President. Mr. Scriven-Young joins seven other new managers on the 2014-2015 CBA board.

New Illinois Law Provides State Financial Assistance for Stormwater Management and Treatment Projects

Posted by Dave Scriven-Young on August 1, 2014 12:28 pm
On July 23, 2014, Illinois Governor Pat Quinn announced that he signed legislation designed to help combat flooding across the state and to protect Illinois’ drinking water.  The legislation makes stormwater management and treatment projects available for state financial assistance following last year’s record rainfall and severe flooding that affected communities across Illinois.  A copy of the new law can be found here. More specifically, the new law amends the Environmental Protection Act to allow the Illinois Environmental Protection Agency to use funds in the Water Pollution Control Loan Program to provide financial assistance for eligible projects, including those that encourage green infrastructure, that manage and treat stormwater, and that maintain and restore natural hydrology by infiltrating, evapotranspiring, and capturing and using stormwater.  The new law also provides that, in planning projects for which financing will be sought from the Water Pollution Control Loan Program, municipalities should consider such things as:  a project’s lifetime costs; the availability of long-term funding for the construction, operation, maintenance, and replacement of the project; the resilience of the projects to the effects of climate change; the project’s ability to increase water efficiency; the capacity of a project to restore natural hydrology or to preserve or restore landscape features; the cost-effectiveness of the project; and the overall environmental innovativeness of the project.  The Illinois Environmental Protection Agency has been given the authority to adopt rules stating criteria for the prioritization of the issuance of the loans.  Such rules would include criteria designed to encourage green infrastructure, water efficiency, environmentally innovative projects, and nutrient pollution removal.

Illinois Appellate Court Upholds Requirement That ComEd Purchase FutureGen Power

Posted by Dave Scriven-Young on July 25, 2014 4:53 pm
The Illinois Appellate Court recently ruled that it is legal to require Commonwealth Edison to purchase power from the proposed FutureGen 2.0 project.  In Commonwealth Edison Co. v. Illinois Commerce Commission, 2014 IL App (1st) 130544, the court upheld the Illinois Commerce Commission's approval of an Illinois Power Agency proposal that required ComEd to enter into a sourcing agreement with FutureGen 2.0, which has been called "the world's first coal-fueled, near-zero emissions electric power plant".  Although ComEd insisted that the Commerce Commission exceeded its authority, the Court disagreed, pointing to state law that requires the utilities to source some of their electricity from clean coal or retrofitted facilities.

U.S. EPA Awards $1 Million to Redevelop Brownfield Sites in Illinois

Posted by Dave Scriven-Young on June 25, 2014 12:40 pm
The U. S. Environmental Protection Agency recently announced that three Illinois communities will be receiving grants to cleanup contaminated properties and boost local economies by redeveloping former brownfield sites.  A brownfield site is a piece of property that is contaminated by a hazardous substance or other pollutant that complicates the expansion, redevelopment, or reuse of that property.  EPA announced the following specific grants:

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