A Remarkable Presumption, Evidence and Making a Record
Arnstein & Lehr Chicago Attorney William J. Anaya authored “Hydraulic Fracturing in Illinois.” The article begins:
The Illinois General Assembly recently passed, and the Governor has signed, the Illinois Hydraulic Fracturing Regulatory Act (P.A. 098-0022). The final bill was the result of an unusual collaboration of environmental activists, industry representatives and regulatory and enforcement authorities, who produced what some describe as the toughest regulatory regime associated with oil and gas exploration in the country. Another view is the new law provides remarkable transparency, and provides an administrative mechanism for the oil and gas industry to prove that the process is safe, balanced with a remarkable rebuttable presumption that establishes a prima facie case to the contrary in the absence of credible and admissible evidence. The devil will be in the details – or, in this case – the admissible evidence generated and included in the administrative record.
The remainder of the article focuses on three main areas:
- The Administrative Record and a Deferential Standard of Review
- The Presumption and Enforcement Actions
To read the article in full, please click here.
Bill Anaya is an environmental attorney with Arnstein & Lehr, LLP in Chicago. Bill is licensed in Illinois and Indiana and concentrates his practice in environmental enforcement actions and related litigation and transactions. Bill can be reached at 312-876-7109 or at firstname.lastname@example.org.
Matthew Cohn is an environmental attorney with Arnstein & Lehr, LLP in Chicago. He is licensed in Illinois and concentrates his practice in environmental and land use law. Prior to practicing law, he worked as a geologist with an environmental consulting firm. He currently serves on a municipal plan commission. Matt can be reached at 312-876-7188 or at email@example.com.