As the largest law firm in Rockford, Hinshaw has had the privilege of providing legal services to business, nonprofit and public sector communities in and around Rockford for decades. Together with our clients, we are committed to the health and continued growth of Rockford and its surrounding communities. That’s why we're excited about our Rockford Seminar Series. This informative series of presentations will focus on legal and other issues that impact you and your business and serve as an excellent networking opportunity.

Hinshaw attorneys Richard Porter, Melinda Oliver, and David Vogt contributed to the newest edition of the Enterprise Risk Management for Health Care handbook, co-published by the American Health Law Association (AHLA). Under the "Domain VIII Hazard Risk" section, the attorneys co-authored Chapter 21, covering environmental risk management.

Rick Porter and Peggy Crane authored and updated a chapter titled "Environmental Compliance in the Context of ERM," in the third edition of the book Enterprise Risk Management for Health Care Entities, published by the American Health Lawyers Association. The chapter—which covers the several environmental laws that impact health care facilities—provides a guide to establishing an environmental law management system and performing self audits as well as how to respond to inspections. It also includes a comprehensive chart on environmental document retention laws.

Richard S. Porter, a partner in the Environmental Practice of Hinshaw & Culbertson LLP, was quoted in the article "Landowners Demand Court Review of Wind Farm Project," published on December 9, 2015 in Herald & Review. The article discusses a lawsuit filed by a group of landowners objecting to the development of a 139-turbine wind farm in Macon County, Illinois at its proposed location near Maroa and Warrensburg.

Hinshaw partners Charles Helsten, Richard Porter and Jeffrey Hoskins will present a seminar titled "Responding to Environmental Regulatory Uncertainty: What Businesses Need to Know to Stay Ahead and Profit," on Wednesday, April  18, 2018 from 11:30 am – 1:00 pm Central at the firm's Rockford location.The trio will explain environmental regulatory reform under the Trump Administration and explore how the latest federal developments will impact Illinois businesses. They will also highlight important issues under the CERCLA, RCRA and other laws, as well as ongoing issues with the Clean Water and Clean Air Acts. Finally, they will outline how Illinois businesses can benefit from the Volkswagen Settlement and the latest solar and energy incentives under recently enacted legislation.

There was a temporary policy issued March 26, 2020 by the United States Environmental Protection Agency (EPA), which explicitly provides a vehicle for companies and facilities to avoid penalties for non-compliance violations caused by the challenges of responding to the Coronavirus pandemic. The EPA has published that it will not seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations where the cause of the non-compliance is COVID-19.

On August 29, 2018, the Illinois Environmental Protection Agency ("Illinois EPA") released application materials for the first funding period of monies allocated to Illinois from Volkswagen's $2.9 billion settlement with the federal government for violations of the Clean Air Act. As part of the settlement, commonly referred to as "the VW Settlement," Illinois will receive $108 million over the course of the next 10 years to be used on environmental mitigation projects that reduce emissions of nitrogen oxides in Illinois. The Illinois EPA intends on having a minimum of three funding periods wherein transit agencies, cities, schools, privately-owned businesses, and the like may submit applications to receive funding for certain eligible environmental mitigation projects identified by the Illinois EPA.

On June 17, 2013, Illinois Governor Pat Quinn signed into law Senate Bill 1715 (Public Act 098-0022), which regulates the permitting and operation of high-volume horizontal hydraulic fracturing operations, commonly known as "fracking." The bill establishes one of the nation's most comprehensive regulatory regimes governing fracking — providing requirements for permit applications and public participation — administered primarily by the Illinois Department of Natural Resources (IDNR).Key Regulatory RequirementsPermit applications will require a detailed description of well operations, including plans for freshwater usage, waste fluid disposal and traffic management. If a proposed well is to be located within an incorporated city, village or town, the municipality’s consent must be obtained before a permit can be issued. The fee for application is $13,500 per well, and applicants must register with the IDNR 30 days before an application can be submitted. Groundwater quality tests are required both before and after fracking operations, and well pressure must be monitored continually. Well operators are presumptively at fault for groundwater pollution within 1,500 feet of well sites. The law also provides extensive opportunity for public comment and participation. In addition to publication of the application and initial groundwater tests on the IDNR website, applicants must specifically notify landowners within 1,500 feet of the well site of their application. Prior to approving the application, the IDNR will accept comments during a 30-day comment period. During that time, persons affected by the proposed well can request a formal "contested case" hearing. If the IDNR fails to perform any nondiscretionary duties under the Act, adversely affected parties may also file citizen suits to compel compliance. What You Can Do If a Fracking Project Is Proposed for Your AreaHinshaw has represented applicants, objectors, businesses, municipalities, counties and other such entities concerning applications and hearings similar to those now mandated by this new law. We have also negotiated and drafted many of the contracts and leases that revolve around such projects. It is anticipated that there will be many proposed fracking operations in Illinois, particularly in the southern portion of the state.For more information, or if you are confronted with a potential hydraulic fracturing project or opportunity, please contact Richard S. Porter or your regular Hinshaw attorney.