On January 4th, U.S. EPA published in the Federal Register a notice of a public comment period on "Candidate National Enforcement and Compliance Assurance Priorities for Fiscal Years 2011-2013." EPA is "soliciting public comment and recommendations on enforcement and compliance national priorities to be addressed for fiscal years 2011-2013.  EPA selects these priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor." On its website, EPA published this preliminary list of national priority candidates: (1) Air Toxics, (2) Concentrated Animal Feeding Operations, (3) Environmental Justice—Community Based Approach, (4) Indian Country Drinking Water, (5) Marine Debris, (6) Mineral Processing, (7) Municipal Infrastructure, (8) New Source Review/Prevention of Significant Deterioration (NSR/PSD), (9) Resource Conservation and Recovery Act (RCRA) Enforcement, (10) Resource Conservation and Recovery Act (RCRA) Financial Assurance, (11) Resource Extraction, (12) Pesticides at Day Care Facilities, (13) Surface Impoundments, (14) Wetlands, and (15) Worker Protection Standards. Public comments must be received by January 19, 2010. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

The federal government and the State of Illinois filed briefs in the U.S. Supreme Court opposing Michigan's request for relief to close locks to prevent Asian carp from getting into Lake Michigan. Both briefs make the technical legal argument that the U.S. Supreme Court should not hear the case (a lack of jurisdiction) for two reasons.  First, they argue Michigan should not be able to reopen a 1967 consent decree, which deals with the removal of water from Lake Michigan, because the subject matter of this controversy is not the same.  Second, they argue that, although the U.S. Supreme Court has exclusive jurisdiction over controversies between states, Michigan does not actually request relief from the Illinois.  In fact, it appears that the State of Illinois may have no control over the facilities at issue here. More importantly, the briefs argue that closing the locks is not immediately necessary.  The federal government argues: "Michigan’s far more dramatic requests for relief -- the closure of the locks and sluices and the construction of temporary barriers in the Little Calumet River -- are not warranted to stop an imminent threat of irreparable injury.  Michigan’s averments depend entirely on Dr. Lodge’s eDNA results to date.  But contrary to Michigan’s arguments, the current eDNA results alone do not establish the requisite likelihood that a reproducing population of carp is on the verge of establishing itself in the Great Lakes." The federal government argues that it has taken action to prevent Asian carp from reaching the Great Lakes.  Indeed, several federal agencies continue working on the issue, and, therefore, Michigan's requested relief is not warranted at this time. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

According to a recent article in the Chicago Tribune, the amount of mercury emitted into the air by coal-fired power plants in Illinois increased by 7% in 2008, despite a 4% decline nationwide. Specifically, "mercury emissions in Illinois rose 7 percent to 4,466 pounds in 2008 from 4,181 pounds in 2007.  Mercury emissions fell 4 percent nationally in 2008 to 88,871 pounds, down from 92,907 pounds in 2007."  The Tribune article also stated that "the increases in Illinois are due to power companies burning more high-mercury coal without filtering pollution from it." Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Peckar & Abramson recently issued a Client Alert concerning the U.S. EPA's Final Rule setting first-time national performance standards and monitoring requirements for stormwater discharges associated with the construction industry. Please click here to view the Client Alert. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

The Illinois Pollution Control Board recently issued its Annual Report for 2009. The Annual Report features a letter from Chairman Girard, biographies of the Board's members, a rulemaking summary, a summary of appellate court opinions reviewing the Board's decisions, and a summary of environmental legislation. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

On December 17, 2009, the Illinois Pollution Control Board accepted the settlement of a State enforcement action in the case of People v. Waste Management of Illinois, Inc., No. PCB 10-29.  The case concerns a site located in Galesburg, Knox County, Illinois. The State's complaint alleged that Waste Management (1) discharged material containing solids and liquids of obvious color from a garbage truck into a storm sewer inlet, which caused, allowed or threatened a water pollution hazard, offensive discharges into waters of the State, (2) discharged contaminants so as to cause water pollution, and (3) discharged contaminants into waters of the State from a point source without coverage under an National Pollutant Discharge Elimination System permit. As part of the settlement, Waste Management admits the alleged violations and agrees to pay a civil penalty of $9,500.00. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

On December 23, 2009, the State of Ohio filed a brief in the U.S. Supreme Court supporting the State of Michigan's complaint seeking action to prevent the Asian carp from infiltrating the Great Lakes.  Like Michigan, Ohio blames Chicago's prior water diversion projects for giving the Asian carp access to the Great Lakes.  Here is the specific action requested by the State of Ohio: "But for the defendants’ actions in the early twentieth century—the construction and operation of the Chicago Sanitary and Ship Canal—the Great Lakes would not now be threatened by the steady march of the Asian carp up the Mississippi River and its tributaries.  By sanctioning the ongoing diversion of water from Lake Michigan, this Court’s 1967 consent decree permits the continued operation of that Canal.  Therefore, the State of Michigan has appropriately sought a modification of that decree: Until the State of Illinois, the Metropolitan Sanitary District of Greater Chicago, and the United States agree to take all necessary and appropriate measures to prevent the introduction of the carp into Lake Michigan, this Court must modify its decree to prohibit all further diversion of water from Lake Michigan into the Canal—thereby closing the door to the carp’s entryway into the Great Lakes, and to the irreparable damage that would ensue." Stay tuned to the Illinois Environmental Law Blog for more news and developments.