Jaimy L. Hamburg

US Federal District Court Suggests that the Commerce Clause Bars RCRA Citizen Suit over Localized Contamination
Jaimy L. Hamburg,Nicholas R. Johnson, February 8, 2012
A federal District Court Judge in Nevada has suggested that the Commerce Clause bars application of the Resource Conservation and Recovery Act (RCRA) to a localized plume of contaminated groundwater. The case, Voggenthaler v. Maryland Square, LLC, presents a new twist on the constitutionality of...

Illinois Supreme Court Rules that Mining Act Permits Are Not Subject to Judicial Review Outside of the Administrative Review Law
Jaimy L. Hamburg,Nicholas R. Johnson, February 6, 2012
In a unanimous opinion, the Illinois Supreme Court has ruled that the citizen suit provision of the Illinois Surface Coal Mining Land Conservation and Reclamation Act, 225 ILCS 705, et seq. (the “Mining Act”), does not allow for judicial review of the terms of mining permits issued by...