Appellate Court Upholds Illinois Coal Ash Regulations

Coal ash contains hazardous contaminants that can threaten soil and water, leading Illinois to adopt statewide rules regulating coal ash ponds. On March 13, 2024, the Illinois Appellate Court for the Fourth District upheld those rules, finding the Pollution Control Board acted within its authority and reasonably justified the regulations.

Illinois Pollution Control Board Reconsiders Ruling on Groundwater Management Zones, Affirms Remainder of Order on Coal Ash Violations

In February 2020, the Illinois Pollution Control Board reconsidered its prior interim ruling in Sierra Club v. Midwest Generation, LLC, addressing the duration and function of Groundwater Management Zones (“GMZs”) under Illinois environmental regulations. Reversing its earlier interpretation, the Board held that GMZs do not automatically expire upon the completion of active remediation and instead remain in effect until the Agency receives documentation confirming both completion of corrective action and attainment of applicable groundwater standards. While the Board affirmed its prior finding that Midwest Generation was liable for groundwater contamination at its coal ash sites, the decision restored regulatory certainty for entities relying on GMZ

Midwest Generation Seeks Reconsideration of Pollution Control Board Ruling Constricting Effective Period of Groundwater Management Zones to Duration of Active Remedial Work

Midwest Generation, LLC is contesting an Illinois Pollution Control Board ruling that may affect environmental compliance related to Groundwater Management Zones (GMZs). The Board found MWG responsible for groundwater contamination, raising concerns about GMZs’ protective measures. MWG seeks reconsideration, and the outcome could impact all entities with GMZs and redefine environmental regulations in Illinois.

Illinois Passes New Environmental Legislation in Spring 2019 Session

Illinois recently concluded a historic legislative session, bringing significant changes to its environmental laws. Key bills addressing ethylene oxide emissions, coal ash management, and public health hazards are now on the Governor’s desk. Notably, SB 1852 mandates 100% capture of ethylene oxide emissions, while SB 9 aims to regulate coal ash discharges. Additionally, new notification requirements for air permits are set to enhance transparency. As these laws take effect, their implementation will be closely monitored, potentially setting precedents for future environmental legislation. Discover the details of these impactful changes and what they mean for Illinois residents.