Energy & Environmental Law

COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
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Fuel company settles claims over air emissions in 3 states

May 20, 2015
 Associated Press
Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.
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House votes to block EPA regulation of streams, wetlands

May 13, 2015
 Associated Press
House Republicans on Tuesday voted to block government rules that would clarify which streams, tributaries and wetlands should be protected from pollution and development under the Clean Water Act.
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Farmers worry over reach of EPA water rules

May 12, 2015
 Associated Press
Government rules to clarify which streams, tributaries and wetlands should be protected from development and pollution are fueling political anger in the country's heartland.
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3 brothers plead guilty to massive biofuels scam

April 29, 2015
IBJ Staff
Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."
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SCOTUS: Energy companies must face price-fixing claims

April 21, 2015
 Associated Press
The Supreme Court of the United States says a group of energy companies can be sued under state antitrust laws for illegally manipulating natural gas prices more than a decade ago during California’s energy crisis.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Decades-long fight over landfill quietly concludes

March 11, 2015
Dave Stafford
A 37-year fight over a planned solid waste landfill in Anderson ended recently, concluding one of the longest environmental battles in state history. Only a few loads of trash were ever dumped at the Mallard Lake Landfill, but fortunes were spent litigating it.
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Landowners may be on hook for contamination caused by tenants

March 11, 2015
Dave Stafford
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
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‘Solar gardens’ catching on, but legality unclear in Indiana

March 11, 2015
Kathleen McLaughlin, IBJ Staff
Imagine seeing the price of gas drop 50 percent, then finding out you couldn’t take advantage because of a law that excluded drivers who lease their vehicles or whose fuel tank is on the wrong side. That’s pretty much the experience of most would-be solar energy users.
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Energy company waited too long to intervene in sale of oil and gas lease

September 11, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
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Indiana gives initial OK to off-site manure ponds

September 11, 2014
 Associated Press
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.
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Appeals court bounces IURC ruling favoring Duke on Edwardsport plant

September 8, 2014
Dave Stafford
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
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Feds reach settlement for East Chicago cleanup

September 4, 2014
 Associated Press
The federal government has reached a proposed settlement under which two companies will pay for an estimated $26 million cleanup of lead and arsenic contamination in an East Chicago neighborhood.
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Gift expands Maurer-linked conservation law program to McKinney students

August 27, 2014
Dave Stafford
Nature can’t always defend itself, but a recent gift to the Conservation Law Center in Bloomington will further the work of preserving environmental resources and open doors to more students drawn to a clinical experience in conservation law.
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Hemp's growing pains in Indiana

August 27, 2014
Dave Stafford
Industrial hemp was legalized in Indiana when Gov. Mike Pence signed a bill into law this year, but you still can’t grow the crop in the Hoosier State.
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Indiana joins other states challenging EPA regulatory authority

August 27, 2014
Marilyn Odendahl
Indiana has joined 11 other states in filing a lawsuit against the U.S. Environmental Protection Agency, taking the unusual tactic of challenging the federal government’s authority to regulate greenhouse gases rather than challenging the rule itself.
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Deveau: RCRA threatens validity of brownfield redevelopment

August 27, 2014
During the past 12 months a troubling trend has developed in the area of brownfield redevelopment. In several routine property transactions, buyers, sellers and lawyers have had the unpleasant experience of having their deals scuttled by a questionable application of the Resource Conservation and Recovery Act.
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Duke can charge ratepayers for time construction delayed on Edwardsport plant

August 21, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
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Justices limit existing EPA global warming rules

June 23, 2014
 Associated Press
The Supreme Court of the United States on Monday placed limits on the sole Obama administration program already in place to deal with power plant and factory emissions of gases blamed for global warming.
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Lessor entitled to judgment that oil and gas lease expired

April 30, 2014
Jennifer Nelson
Partial summary judgment for the lessor was affirmed Wednesday by the Indiana Court of Appeals in a contract dispute involving an oil and gas lease of land in Sullivan County.
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Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay

February 26, 2014
Dave Stafford
Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.
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'No-more-stringent' measure stirring controversy

February 26, 2014
Marilyn Odendahl
A bill winding through the Statehouse would alter Indiana environmental regulatory process by shifting most of the authority to enact new rules from the executive branch to the Legislature.
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A bottleneck is bedeviling Indiana's mighty wind turbines

February 26, 2014
Dan Human
Gusts blowing across Interstate 65 north of Lafayette one recent day were powerful enough to shake cars but impotent to budge the blades of the giant wind turbines dotting the sparse landscape. On an ideal day for generating electricity, the colossal pinwheels were eerily still, and for the most unlikely of reasons. They’d been turned off.
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Pashos: Is cost-of-service regulation relevant in today's world?

February 26, 2014
Today, public utilities are experiencing significant cost increases, due to issues such as federal environmental and other mandates, and the need to upgrade decades-old infrastructure. These cost pressures, combined with fast-paced technology, market changes and other states’ experimentation with retail deregulation, are causing policymakers and others to ask whether cost-of-service regulation remains relevant or whether deregulation might be a preferable alternative.
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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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