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

What Should Companies Do If They Cannot Meet Environmental Obligations in the Wake of COVID-19?

Posted by Dave Scriven-Young on March 30, 2020 4:25 pm
Everyone in the United States has been affected in some way or another by the COVID-19 pandemic, but many companies with environmental compliance obligations are facing impossible situations.  Worker shortages due to the pandemic as well as travel- and social-distancing restrictions imposed by many state and local governments have affected the ability of companies to carry out activities required by environmental permits, regulations, and statutes.  Companies may be unable to meet limitations on air emissions or water discharges and requirements for the management of hazardous waste.  Even if compliance is occurring, companies may not be able to provide proof because testing laboratories cannot timely analyze samples. Companies faced with these circumstances have three options to consider.

New Illinois Law Regulates Coal Ash Surface Impoundments

Posted by Dave Scriven-Young on August 5, 2019 12:23 pm
On July 30, 2019, Illinois Governor J.B. Pritzker signed into law Senate Bill 9, which places strict regulations on surface impoundments that are designed to hold an accumulation of coal combustion residue (“CCR”), commonly known as coal ash.  The term CCR encompasses fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.  Surface impoundments are typically natural topographic depressions, man-made excavations, or diked areas, which are designed to hold an accumulation of CCR and liquids for treatment, storage, or disposal of CCR. This legislation resulted from well-publicized alleged discharges of coal ash from the Midwest Generation Powerton Electrical Plant in Pekin, Illinois, which was recently cited for groundwater contamination by the Illinois Pollution Control Board.  The Pollution Control Board found that Midwest Generation caused or allowed the discharge of coal ash constituents in groundwater.  The Board also found that the company violated state regulations by depositing coal ash cinders directly upon the land and creating a water pollution hazard. 

Illinois Passes $45 Billion Capital Plan Including Money For Green Infrastructure

Posted by Dave Scriven-Young on July 22, 2019 12:16 pm
Illinois Governor J.B. Pritzker recently signed into law a $45 billion capital infrastructure plan dubbed “Rebuild Illinois”.  This plan allocates $33.2 billion for transportation, including $11 billion for the Illinois Department of Transportation’s multi-year plan and $14 billion for other road and bridge projects.  It also includes $4.7 billion for mass transit, $1 billion for passenger rail and millions for ports, aeronautics, and other projects.  The plan also appropriates $25 million from the Build Illinois Bond Fund to the Illinois Environmental Protection Agency for a green infrastructure financial assistance program to address water quality issues.  The terms “green infrastructure” encompasses a set of strategies that seek to better manage storm water, reduce urban heat island effects, improve air quality, and promote economic development and other sustainability goals.  Some examples include bio-retention gardens, green roofs, storm water swails, constructed wetlands, and permeable pavements. 

Eighth Circuit Reaffirms That There Is No Right Of Action Under NEPA Prior To Final Agency Action

Posted by Dave Scriven-Young on July 12, 2019 3:54 pm
Contractors that often do work for the federal government are likely familiar with the National Environmental Policy Act (“NEPA”).  NEPA requires federal agencies to prepare an Environmental Impact Statement (“EIS”) for all “major Federal actions significantly affecting the quality of the human environment.”   Once an agency issues a final EIS, the federal agency will provide environmental clearance via a Record of Decision (“ROD”).  Environmental and other citizens-organizations can attempt to delay or stop a federal project by challenging the processes under which an EIS and/or a ROD are prepared and issued.  The Eighth Circuit Court of Appeals recently decided a case presenting the question whether citizen groups must wait until an EIS and ROD are finalized and issued prior to filing suit under NEPA. 

Sierra Club Reactivates Program to Inspect Construction Sites

Posted by Dave Scriven-Young on March 12, 2019 5:33 pm
According to a recent news report, local Sierra Club chapters are reactivating programs that support volunteers who inspect construction sites for potential violations of environmental laws.  For many years, the national Sierra Club organization has had programs to "connect people with their waterways" by having them conduct local water quality testing and monitoring.  At times, these programs also involved volunteers inspecting construction sites. This program has not been used as frequently since the Great Recession began in 2008; however, Sierra Club reportedly once again sees the need for the program as there has been more development since the recovery of the economy. 

Illinois Pollution Control Board Provides Regulatory and Case Update

Posted by Dave Scriven-Young on February 15, 2019 10:40 am
The Illinois Pollution Control Board recently published its Environmental Register for January 2019 on its website.  The Board is an independent five-member Board that adopts environmental control regulations and decides enforcement actions and other environmental cases in the State of Illinois.  As usual, the Environmental Register contains an update from the chairperson of the Board, Katie Papadimitriu, a rulemaking update, an appellate update, a summary of actions of the Board, the Board's upcoming calendar, and lists of restrictive status and crucial review for community water supplies.  The Board has been very active since the last issue of the Environmental Register in October of 2018.

U.S. Fish and Wildlife Service Agrees to Take Action on Endangered Species Act Petition

Posted by Dave Scriven-Young on January 25, 2019 12:48 pm
Recently, the U.S. Fish and Wildlife Service settled a claim filed by the Center for Biological Diversity that forces FWS to take action on issues relating to a critical habitat designation for the western yellow-billed cuckoo. In 2014, FWS listed the western distinct population segment of the yellow-billed cuckoo under the Endangered Species Act but had not yet published a final rule designating critical habitat or made a finding that it would not be prudent to do so.  In 2017, the FWS received a petition to delist and subsequently published a 90-day finding on the petition, concluding that the petition presented substantial scientific or commercial information indicating that the delisting may be warranted.  The FWS was preparing a 12-month finding to determine whether the delisting is warranted at the time that the plaintiff filed the lawsuit.  According to the plaintiff's complaint, this issue involves 550,000 acres of habitat across nine states.  The cuckoos, which migrate between South American and the United States, usually nest in willow trees, but also use alder, buttonwood, mesquite, box elder, and sycamore trees.  They usually live near rivers but much of the birds' traditional habitat has been lost due to livestock overgrazing, encroachment from agriculture, and conversion of native habitat to predominately native vegetation.

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