Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Northern Illinois University Law Review
The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Northern Illinois University Law Review
Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …
Symposium Luncheon Address, Claire A. Manning
Symposium Luncheon Address, Claire A. Manning
Northern Illinois University Law Review
Overview of the role and function of the Illinois Pollution Control Board in citizen enforcement and other actions, and the Board's role in recent environmental achievements.
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Northern Illinois University Law Review
The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
Northern Illinois University Law Review
This article examines the state of law for landowner liability caused by the release or threat of release of "hazardous substances" in Illinois prior to the enactment of the Brownfields Act. It demonstrates the inadequacies of not only Illinois Superfund law, but federal law's attempts to find landowners liable for environmental cleanup without having reasonable and knowable standards, known procedures, and reasonably predictable results. The article concludes by underscoring the fact that without remedying these inadequacies, viable land will remain undeveloped and unproductive, and will drain community resources.
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Northern Illinois University Law Review
This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
Northern Illinois University Law Review
In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …