News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 881-6309

Mesothelioma Claim Against Employer Filed Too Late Despite Disease Latency

Posted by Dave Scriven-Young on December 17, 2015 2:17 pm
The Illinois Supreme Court recently barred a plaintiff's mesothelioma claim against an employer based on the time limitations set forth in the Workers’ Compensation Act and the Workers’ Occupational Diseases Act.  The claim was barred despite the fact that the plaintiff was not diagnosed with the disease until 16 years after the expiration of those time limits.  In Folta v. Ferro Engineering, the plaintiff was exposed to products containing asbestos as a result of his job responsibilities as a shipping clerk and product tester for his employer, Ferro Engineering.  Forty-one years later, plaintiff was diagnosed with mesothelioma, a disease associated with asbestos exposure.  One month later, he sued fifteen defendants, including his employer, to recover damages for the disease.

EPA’s New eDisclosure Portal May Subject Businesses to Additional Criticism and Liability

Posted by Dave Scriven-Young on December 11, 2015 1:12 pm
The U.S. Environmental Protection Agency’s recent Federal Register notice announced the launch of its eDisclosure Portal to modernize the implementation of EPA’s Audit Policy.  The Audit Policy allows companies to self-disclose potential environmental violations and to eliminate or reduce the amount of penalties that could result.  Because of the large number of violations that are self-disclosed every year, EPA decided to establish an electronic portal to receive self-disclosures and to automate some responses.  The eDisclosure Portal defines disclosures as either “Category 1” or “Category 2”.  Category 1 disclosures include violations of the Emergency Planning and Community Right-to-Know Act (“EPCRA”) that meet all nine Audit Policy conditions.  However, this category does not include chemical releases exceeding the reportable quantity limit that must be reported under EPCRA Section 304, or any EPCRA violations with significant economic benefit.  For these disclosures, the system will automatically issue an electronic Notice of Determination confirming that the violations are revolved with no assessment of civil penalties, conditioned on the accuracy and completeness of the submitter’s disclosure.  EPA will spot check Category 1 disclosures to ensure conformance with Audit Policy requirements.

Model Stormwater Ordinance Contains Ideas to Prevent Flood Damage

Posted by Dave Scriven-Young on November 7, 2015 4:43 pm
The Illinois Department of Natural Resources, in collaboration with Illinois State Water Survey, developed a model stormwater ordinance to help Illinois communities manage flooding and combat flooding-related damages in urban areas.  The ordinance was developed as a result of a report that found increasing extreme precipitation events and that an increasing number of flood claims are occuring outside of floodplains. The model stormwater ordinance includes specific recommendations and regulations to better mitigate urban flooding damages: 

US EPA Limits Amount of Pollutants Discharged by Steam Electric Power Plants

Posted by Dave Scriven-Young on November 4, 2015 3:13 pm
The U.S. Environmental Protection Agency recently issued a final rule under the Clean Water Act regulating steam electric power plants.  According to EPA, the rule "establishes the first nationally applicable limits on the amount of toxic metals and other harmful pollutants that steam electric power plants are allowed to discharge in several of their largest sources of wastewater."  EPA believes that regulating steam electric power plants is important because they "contribute the greatest amount of all toxic pollutants discharged to surface waters by industrial categories regulated under the CWA."

EPA Adds to Legal Morass to Business with Permit to Build

Posted by Dave Scriven-Young on November 2, 2015 1:36 pm
Environmental law is complicated, and those complications can multiply when several states and the federal government get involved on a project.  This principle is on display in Eagle Creek Township, Indiana, where work is underway to build a 600-acre quarry.  According to news reports, the business building the quarry received a discharge permit under Section 401 of the Clean Water Act, and the company says that it "for the past five years has been diligent about following the appropriate process to obtain approvals from local, state and federal agencies."  Now, U.S. EPA is allowing additional oversight--now from the State of Illinois--to determine if the quarry would affect water quality in Illinois.  Section 401(a)(2) of the Clean Water Act allows another State to be involved whenever EPA determines that a discharge may affect the quality of the waters of that other State.

New Webinar Assisting Businesses Comply With Used Oil Regulations

Posted by Dave Scriven-Young on October 29, 2015 12:14 pm
My next speaking engagement will be a BLR (Business & Legal Resources) webinar entitled "Used Oil Generators: Cost-Effective Strategies to Ensure Compliance with EPA Regulations".  Business owners and plant managers will learn how to:

New Study Shows PCB Contamination Still a Problem in Chicago

Posted by Dave Scriven-Young on October 22, 2015 11:02 am
According to new research, "soils, sewage sludge and paint are major sources" of PCB contamination in Chicago, and "current cleanup strategies may not be the most effective for protecting people’s health."  The research also suggests that "more than 400 pounds of toxic PCBs are emitted to Chicago’s air each year."  Read the News Story This is the unfortunate consequence of chemicals like PCBs, which were banned in 1979.  It can take years to remove these chemicals from the environment and that is why they are still present decades after they have been banned.

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