Appellate Court Upholds Illinois Coal Ash Regulations

When a power plant burns coal to create energy, it produces coal combustion residue (CCR), often referred to as coal ash. Dry coal ash can go to a landfill, but wet coal ash is typically directed to an on-site impoundment often known as a coal ash pond. CCR contains contaminants such as mercury, arsenic, and […]

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

This post updates the October 15, 2019, blog post regarding the citizen enforcement proceeding against Midwest Generation, LLC (“MWG”) launched by several environmental advocacy groups (“Environmental Groups”). (That post can be read here.) On February 6, 2020, the Illinois Pollution Control Board (“Board”) issued an order in Sierra Club, et al. v. Midwest Generation, LLC (PCB13-15) (“Reconsideration […]

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

On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance or remediation […]

Illinois Passes New Environmental Legislation in Spring 2019 Session

With what many have described as a historic Illinois legislative session having recently concluded, and with the focus having been on the budget, gaming, cannabis, and infrastructure, you’d be forgiven for thinking that there weren’t many significant changes to Illinois’ environmental laws. But you would be wrong. Several environmental bills of interest to the regulated […]