Environmental Justice Uncertainty: Confusion for Illinois Businesses
What is Environmental Justice and Why Does It Matter? Environmental Justice, or EJ, has been a challenging concept in environmental law. Unlike the panoply of environmental laws and regulations, with highly specific, technically complex requirements, EJ is far less precise. “Areas of EJ concern,” or similar nomenclature used in various state and federal programs, identify […]
PFAS Updates in First Half of 2024
In the first half of 2024, significant activity occurred in regulations and other actions related to per- and polyfluoroalkyl substances (PFAS). The United States Environmental Protection Agency (EPA) proposed and finalized major PFAS-related updates. These updates included: Additionally, in Illinois, the Illinois Pollution Control Board (IPCB) moved to First Notice its rules for groundwater quality […]
Illinois Pollution Control Board Moves Forward with PFAS Groundwater Quality Standards
On March 7, 2024, the Illinois Pollution Control Board (Board) moved the Illinois Environmental Protection Agency’s (Agency) proposed amendments to the groundwater quality standards (35 Ill. Adm. Code 620) to First Notice. The proposal, PCB R 22-18, establishes, among other standards, groundwater quality standards for six per- and polyfluororalkyl substances (PFAS). The Board is moving […]
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 […]
2023’s Second Quarter Filled with Environmental Law Updates
That’s a wrap on Quarter 2 of 2023, and it was an eventful one for environmental law news. Updates included proposed rules to address both the disposal of CCR from legacy CCR surface impoundments and GHG standards and guidelines for fossil fuel-fired power plants, the new Sackett II decision on WOTUS, SSM Rulemaking in Illinois, and new legislation passed by the Illinois 103rd General […]
Changes to Annual Emissions Reports on Published Agenda for Illinois EPA
As part of its published regulatory agenda, the Illinois Environmental Protection Agency (IEPA) has proposed changes to the regulations governing Annual Emissions Reports, often called “AERs.” (That agenda is available here, beginning on page 591 of the report.) The AERs rule requires permitted sources to report air pollution emissions data of regulated air pollutants. 35 […]
Illinois Pollution Control Board Adopts First Time-Limited Water Quality Standard
The Illinois Pollution Control Board issued a ruling on November 4, 2021, which, if approved by the United States Environmental Protection Agency (USEPA), will become the first time-limited water quality standard (TLWQS) in Illinois. The TLWQS represents a variance from the applicable water quality standard for chloride and only applies to two watersheds in the […]
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 Supreme Court Affirms Pollution Control Board’s Decision Regarding Groundwater Monitoring at Clean Construction or Demolition Debris Fill Operations
On June 20, 2019, the Supreme Court of Illinois affirmed an appellate court’s ruling on an Illinois Pollution Control Board (“Board”) decision involving groundwater monitoring at clean construction or demolition debris fill sites, in The County of Will v. The Pollution Control Board, 2019 IL 122798, Case Nos. 122798, 122813. The case concerned the Board’s adoption of […]