Energy & Environmental Law

Law requires tougher standards for Great Lakes pipelines

June 15, 2016
 Associated Press
Congress has ordered stronger safety measures for pipelines carrying oil and other fuels in the Great Lakes region.
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High court rejects request to block mercury rule

June 13, 2016
 Associated Press
The Supreme Court of the United States has rejected an appeal from 20 states including Indiana seeking to block a federal rule targeting mercury pollution from taking effect while the government revises the rule to account for compliance costs.
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Judge: Substantial progress in Volkswagen emissions talks

May 24, 2016
 Associated Press
Volkswagen and attorneys for vehicle owners affected by the company's emissions cheating scandal are on target to meet a June deadline for a final settlement proposal, a federal judge said Tuesday.
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Coal mine environmental risk grows with bankruptcies

May 19, 2016
 Associated Press
As more coal companies file for bankruptcy, it's increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.
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High court strikes down Maryland power plant subsidies

April 19, 2016
 Associated Press
A unanimous U.S. Supreme Court ruled Tuesday that Maryland officials overstepped their authority when they offered financial subsidies to encourage construction of a new power plant in the state.
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Peabody, largest US coal miner, files for bankruptcy

April 13, 2016
 Associated Press
Peabody Energy, the nation’s largest coal miner, filed for bankruptcy protection Wednesday as a crosscurrent of environmental, technological and economic changes wreak havoc across the industry.
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Indiana and other states choking on EPA’s new Clean Power Plan

March 9, 2016
Marilyn Odendahl
The Clean Power Plan, which seeks to reduce greenhouse gases by imposing caps on states regarding carbon dioxide emissions, has incited a backlash that began before the rule was even published in the Federal Register. A coalition of states, including Indiana, is seeking review of the plan in federal court, claiming the rule exceeds the Environmental Protection Agency's statutory authority.
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‘No more stringent’ restrained

March 9, 2016
Dave Stafford
Manufacturers, agriculture and other big Hoosier industries pegged House Bill 1082 at the top of their legislative agenda this year. So did about 20 environmental, health and public-interest groups that opposed the measure barring Indiana from adopting environmental regulations tougher than federal standards.
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Waterhouse: An environmental justice challenge for Indiana

March 9, 2016
Sadly, many Indiana children are at an even greater risk than children in other states for lead poisoning.
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Gardner: Judicial deference and the Clean Power Plan

March 9, 2016
Justice Scalia’s long and momentous career on the U.S. Supreme Court gave us innumerable important decisions (and scathing dissents) that have shaped the intersection of administrative and environmental law.
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Scalia vacancy boosts prospects for Obama’s carbon-cutting plan

February 17, 2016
 Bloomberg News
The U.S. Supreme Court vacancy created by Justice Antonin Scalia’s death improves the outlook for President Barack Obama’s controversial plan to cut carbon emissions from U.S. power plants, just a week after the court raised doubts about its viability.
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Challenges to Peabody Energy's coal mine self-bonding grow

February 15, 2016
 Associated Press
A Midwestern environmental group has followed through on its promise to formally challenge Peabody Energy's ability to guarantee it has enough money for future cleanup of its Illinois and Indiana coal mines.
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Obama vows to press ahead on Clean Power Plan after setback

February 10, 2016
 Associated Press
The administration of President Barack Obama is vowing to press ahead with efforts to curtail greenhouse gas emissions after a divided U.S. Supreme Court put his signature plan to address climate change on hold until after legal challenges are resolved.
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High court upholds government's energy conservation program

January 25, 2016
 Associated Press
The Supreme Court of the United States has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.
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Edwardsport plant foes finally reach settlement with Duke

January 15, 2016
John Russell, IBJ Staff
The bitterest foes of Duke Energy Corp.’s Edwardsport coal-gasification plant have agreed to drop their objections and join a settlement that would resolve many of the issues over how much ratepayers will be charged.
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Ringleader in $90M fuel scam sentenced to 20 years

January 8, 2016
 Associated Press, IBJ Staff
The ringleader of a $90 million biodiesel scam operated in central Indiana was sentenced Thursday to serve 20 years in prison and to pay more than $56 million in restitution for his role in the fraud.
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Judge issues $50M judgment against Elkhart environmental nuisance

November 25, 2015
Dave Stafford
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.
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EPA intends tougher downwind air-pollution rule in 23 states

November 18, 2015
 Associated Press
The Environmental Protection Agency proposed tougher new limits on Tuesday on smokestack emissions from nearly two dozen states — including Indiana — that burden downwind areas with air pollution from power plants they can't control.
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Coal ash expert to address Indiana environmental advocates

November 12, 2015
 Associated Press
An expert on the nation's coal ash ponds will address Indiana environmental advocates during their annual gathering focusing on the state's upcoming legislative session.
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IURC must reconsider Vectren’s plant modification, rate reimbursement requests

October 29, 2015
Jennifer Nelson
Even though a utility company completed many of the projects it received approval for regarding modifications of coal-powered generating stations, that does not render an appeal by various environmental groups moot, the Indiana Court of Appeals held Thursday.
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Indiana part of lawsuit challenging EPA carbon rule

October 23, 2015
 Bloomberg News, IL Staff
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.
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Trailblazing lawyer Sue Shadley dies

October 20, 2015
Dave Stafford
Indianapolis attorney Sue Shadley, who made her mark in environmental law and was a founding partner in what became one of the city’s major firms, died Monday from Lou Gehrig’s disease.
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Deed allows owners to make wells deeper, court rules

October 9, 2015
Jennifer Nelson
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
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TDSIC settlement agreement rejected by state utility regulators

September 25, 2015
Marilyn Odendahl
Citing the Indiana Court of Appeals’ ruling, the state utility regulatory agency rejected a power company’s attempt to use a new state statute to charge customers more.
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Duke rate hike from Edwardsport plant remanded

September 23, 2015
Dave Stafford
The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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