Rep. McLaughlin: Toxic tort law ‘disincentivizes new businesses from coming to Illinois’

Rep. McLaughlin: Toxic tort law ‘disincentivizes new businesses from coming to Illinois’
Martin McLaughlin, State Representative for Illinois — Facebook
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Martin McLaughlin, a State Representative from Illinois, expressed concerns regarding the state’s new toxic tort law, stating it would increase costs for companies and diminish Illinois’s appeal to new businesses. McLaughlin shared these views with the Lake County Gazette.

“It drives up their costs and disincentivizes new businesses from coming to Illinois,” said Martin J. Mclaughlin.

Illinois implemented a new toxic tort jurisdiction law on August 15, 2025, when Governor J.B. Pritzker signed Senate Bill 328 into Public Act 104-0352. This legislation expands state courts’ authority to hear cases against out-of-state corporations registered in Illinois. The law amends the long-arm statute and Business Corporation Act, effectively establishing Illinois as a general jurisdiction state for toxic tort litigation. Legal analysts suggest this could result in more lawsuits being filed in Illinois and may lead to constitutional challenges following the U.S. Supreme Court’s 2023 Mallory decision, according to K&L Gates.

Operating costs in Illinois remain competitive but vary by sector. As of June 2025, the average industrial electricity price in Illinois was 9.66¢ per kilowatt-hour (kWh), compared to lower rates in Indiana (8.49¢) and Iowa (8.32¢), but nearly identical to Wisconsin (9.62¢). For commercial users, Illinois averaged 12.86¢/kWh, undercutting Indiana (13.71¢) and Wisconsin (13.36¢) but exceeding Ohio’s 11.35¢ per kWh. These energy costs are significant for manufacturers and service businesses considering relocation or expansion in the Midwest, according to the U.S. Energy Information Administration.

Illinois has recently experienced an increase in business relocations and expansions despite previous concerns about outmigration. Site Selection Magazine reported that Illinois recorded 664 qualifying corporate facility projects in 2024, up from 552 in 2023, with the Chicago-Naperville-Elgin metro leading all U.S. metros for the twelfth consecutive year with 582 projects. These figures indicate that Illinois remains attractive for logistics, data centers, and corporate headquarters investment even as some firms cite high costs.

McLaughlin is a Republican member of the Illinois House of Representatives serving the 52nd District since January 2021. He is a small businessman and pension management professional who previously served as Village President of Barrington Hills from 2013 to 2021. His district includes Lake, McHenry, Cook, and Kane counties, and he currently serves on several House committees in Springfield according to information provided by the Illinois General Assembly.



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