CBA Record November-December 2021

CBA RECORD CONTENTS

November/December 2021 • Volume 35, Number 6

4 Editor’s Briefcase

UnlockYour Unconscious Bias

INSIDE THIS ISSUE 18 What Matters Most: Environmental Insights from In-House Counsel By E. Lynn Grayson 22 The Fairness of Water By Cameron Davis 26 What’s Hot in Environmental Law By Jorge Mihalopoulos and Robert Weinstock 28 A Primer on Illinois Environmental Law: Permitting, Enforcement, and Emergency Response By Alex Garel-Frantzen and Molly Snittjer 32 Air, Land and Water: A Talk with Illinois EPA Director John Kim By Amy Cook 34 Judging Our Judges By Tracy Brammeier 36 Woes for WOTUS: Revisiting the Definition of “Waters of the United States” By Alex Garel-Frantzen 38 Illinois Climate and Equitable Jobs Act By Ashley Parr YOUNG LAWYERS SECTION

6 President’s Page

Floods, Carp, and Crap!

8 CBANews 14 Chicago Bar Foundation Report 16 The Pulse 40 LPMT Bits & Bytes SiliconValley Mergers – And

Maintaining Control of Your Data in the Cloud

42 Practical Ethics

CanYou Hear Me Now? ABA Formal Opinion 500 and the Duty to Communicate Effectively

The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2021 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

About the Cover

NOVEMBER/DECEMBER 2021 CBA

Retired judge and amateur photographer, Joan Kubalanza, took the cover photograph this past summer in Park Falls, WI.

The Environmental Issue