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 […]
Environmental Justice Becomes Part of Federal Climate Change Policies
In late January, President Biden signed the “Executive Order on Tackling the Climate Crisis at Home and Abroad.” While climate change is clearly the focus, the new administration’s policies regarding environmental justice are also addressed. (The parts of the order addressing environmental justice amend and update an original environmental justice Order signed by President Clinton […]
County of Maui v. Hawaii Wildlife Fund: What Happens Now?
Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters. In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that […]
USEPA Announces Revised Interpretation of “Begin Actual Construction” under New Source Review Regulations
On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner […]
Supreme Court: Groundwater Discharges to Navigable Waters Require a Permit When ‘Functionally Equivalent’ to a Direct Discharge
Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. No. 18-260, Argued 1/6/2019, Decided 4/23/2020) Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through ground […]