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

Owner Settles Alleged Clean Water Violations Relating to Construction of Retail Store

Posted by Dave Scriven-Young on August 11, 2016 4:31 pm
The Illinois Attorney General's Office recently settled an environmental enforcement action that serves as a reminder to all construction companies and businesses that plan to build new facilities or stores.  The enforcement action sought civil penalties for alleged violations of the clean water provisions of the Illinois Environmental Protection Act.  In People v. Casey's Retail Co., the State alleged that the defendant violated the water pollution, water pollution hazard, and storm water permit provisions of the IEPA Act during construction of a retail store located in Peru, IL.  More specifically, the State alleged that the defendant failed to properly manage storm water erosion controls and failed to make available proper documentation as required by the storm water permit for the site.  For instance, the State claimed that the defendant failed to maintain and provide adequate documentation of a Storm Water Pollution Prevention Plan ("SWPPP").  The SWPPP failed to include an adequate description of appropriate controls to be implemented at the Site, failed to include a description of the procedures to maintain the erosion and sediment control measures, and failed to comply with ongoing inspection requirements.

EPA Proposes Changes to Toxic Substances Control Act Regulations

Posted by Dave Scriven-Young on July 29, 2016 2:03 pm
The U.S. Environmental Protection Agency recently proposed changes to existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act to align these regulations with revisions to the Occupational Safety and Health Administration’s Hazard Communications Standard, and with changes to the OSHA Respiratory Protection Standard and the National Institute for Occupational Safety and Health respirator certification requirements pertaining to respiratory protection of workers from exposure to chemicals.  Click here to view the proposed rule published in the Federal Register.

Property Owners May Sue When Government’s Actions Temporarily Floods Property

Posted by Dave Scriven-Young on July 11, 2016 12:45 pm
The Illinois Supreme Court has ruled, in Hampton v. Metropolitan Water Reclamation District of Greater Chicago, that property owners may recover compensation under the Illinois Takings Clause when government action results in temporary flooding of their properties.  The Plaintiffs sued the MWRD, which is responsible for stormwater management, alleging that their properties were flooded and their sewers backed up when the MWRD took actions in the face of a heavy rainfall.

Illinois Pollution Control Board Continues Environmental Rulemaking & Decisions

Posted by Dave Scriven-Young on February 27, 2016 2:41 pm
Yesterday, the Illinois Pollution Control Board published its January 2016 Environmental Register, which summarizes the Board's actions with regard to rulemaking and decisions in environmental lawsuits.  The Board remains very active on the regulatory front regarding water pollution, especially concerning the public water supply and surface water discharges.  The Environmental Register also trumpets the Second District Court of Appeals' ruling that affirmed the Board's administrative citation against a business for open dumping of litter and general construction or demolition debris.  It appears that the Board remains a hardworking group of professionals in a very tough political climate.

New Law #1: Waiver of Utility Deposit Requirements for Domestic Abuse Victims

Posted by Dave Scriven-Young on February 9, 2016 12:46 pm
Concluding our countdown of new Illinois environmental laws that took effect on January 1, 2016 is Public Act 99-0420, which requires that utilities waive deposit requirements on new accounts for 60 days for documented domestic abuse victims.

New Law #2: Restrictions on Disposal of Remediation Waste from Manufactured Gas Plants

Posted by Dave Scriven-Young on January 13, 2016 3:37 pm
Continuing our countdown of new Illinois environmental laws taking effect on January 1, 2016 is Public Act 99-0365, which requires that waste from the remediation of a manufactured gas plant site must be disposed in a permitted hazardous waste disposal site, unless analysis demonstrates that the waste does not exceed regulatory levels.

Asbestos Analysis Quoted in Legal Newsline Article

Posted by Dave Scriven-Young on January 12, 2016 4:35 pm
I'm pleased to announce that my recent post concerning the Folta v. Ferro Engineering decision by the Illinois Supreme Court has been quoted in an article by Legal Newsline.  Legal Newsline is an Internet-based newswire dedicated to 24/7 coverage of state supreme courts and state attorneys general.  You can read my original post here, and to the Legal Newsline article here.

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