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Fracking in Illinois: No Pre-emption of Municipalities’ Rights to Ban Fracking

This summer has seen some interesting developments in the fracking world. Two state trial court decisions in Colorado agreed that the State had pre-empted the authority of home-rule municipalities to preclude fracking within their borders. On the other hand, the highest court in New York, examining that state’s statute, came to the opposite conclusion, albeit  Continue Reading »

The Meaning of “Jurisdictional”

In a recent Clean Air Act case, the Seventh Circuit explained the meaning of the term, “jurisdictional.”  The petitioner in Clean Water Action Council of Northeastern Wisconsin v. U.S. Environmental Protection Agency, 2014 WL 4257843 (7th Cir. August 29, 2014) challenged, under 42 U.S.C. § 7607(b), EPA’s decision not to object to Wisconsin’s renewal of  Continue Reading »

Which Discovery Documents Go Public?

The Seventh Circuit added an interesting twist to determine which documents produced in litigation may be accessed by the public.  Re-visiting the incessant tension between privacy and the public’s right to know, the Seventh Circuit recently tipped the scales in favor of privacy – corporate privacy.  But the Court did so without any lofty discussion  Continue Reading »

Ninth Circuit Vacates District Court’s Approval of CERCLA Settlement

Earlier this month, the Ninth Circuit vacated the district court’s order approving a settlement between the State of Arizona and a number of potentially responsible parties (“PRPs”) whose relative liabilities were purportedly de minimis.  Arizona v. Tucson, 2014 WL3765569 (August 1, 2014).  This case was noteworthy because the disapproval of such settlements is relatively rare.   Continue Reading »

Seventh Circuit Issues Significant Lead Paint Decision

Last month, the Seventh Circuit held in Gibson v. American Cyanamid, et al., 2014 WL 3643353 (July 24, 2014), that Wisconsin’s relaxation of the causation requirement in the context of white lead carbonate pigment cases did not violate substantive due process. In reversing the district court, the Court clearly stated it was more concerned about  Continue Reading »

Northern District of Indiana Addresses Superfund “Disposal”

Advertising Material In U.S. v. ARG Corporation, 2014 WL 2930543 (N.D. Ind., June 27, 2014), the United States sought to recover nearly $1 million in cleanup costs from ARG Corp. (“ARG”) under the federal Superfund statute. The case is not complicated, but is nonetheless noteworthy for its refreshing common sense analysis.visualcage.ru ARG was a former  Continue Reading »

Illinois Proposes Fracking Rules

Advertising Material. On November 15, 2013, the Illinois Department of Natural Resources (“IDNR”) proposed the anxiously-awaited regulations authorized by the new Illinois Hydraulic Fracturing Regulatory Act. 225 ILCS 732/1-1 et seq. The proposed regulations can be found at 37 Ill. Reg. 18081 (November 15, 2013). They are separated into two sections. Proposed 62 Ill. Adm. Code Part  Continue Reading »

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FIFRA vs. Indiana State Law: Presumptions and Preemptions

The Court of Appeals of Indiana recently addressed state law implications of pesticide registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 7 U.S.C. § 136 et seq. In Gresser v. Dow Chemical et al., 2013 WL 1809814 (Ind. Ct. App. Apr. 30, 2013) plaintiffs alleged that they were physically injured as a result of their exposure  Continue Reading »

Fracking in Illinois: HB2615 and Norse Energy v. Dryden

Reportedly, HB2615, the bill in the Illinois General Assembly that would establish an extensive regulatory structure for fracking, is coming back into focus. At the same time, developments around the country – such as the May 2, 2013 decision in New York in Norse Energy Corp. v. Town of Dryden, 2013 WL 1830800 (Supreme Court, Appellate  Continue Reading »

Fourth Circuit Ruling on the “Bona Fide Prospective Purchaser” Defense

Earlier this month, the Fourth Circuit Court of Appeals issued its opinion inPCS Nitrogen, Inc. v. Ashley II of Charleston LLC, 2013 WL 1340018 (April 4, 2013). The case involved numerous parties and several important issues, but the focus of this blog post is the Court’s ruling on the Bona Fide Prospective Purchaser (“BFPP”) provisions  Continue Reading »