Energy & Environmental Law

Trump signs order rolling back environmental efforts

March 28, 2017
 Associated Press
President Donald Trump has signed an executive order that will roll back many of former President Barack Obama's efforts to curb global warming. The order is aimed at helping spur American energy jobs.
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Solar bill would prompt ‘prolonged litigation,’ consumer group says

March 27, 2017
Dave Stafford
Legislation that would eventually phase out net metering for rooftop solar and small generators of solar power is likely to lead to protracted litigation, counsel for a consumer group warns lawmakers.
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COA denies rehearing in Lake Michigan public trust case

March 10, 2017
Dave Stafford
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
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Nonprofit legal groups help East Chicago residents living in environmental nightmare

March 8, 2017
Marilyn Odendahl
The legal aid groups are working on finding new housing for people as well as securing assistance.
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Solar bill draws heat

March 8, 2017
Dave Stafford
Homeowners, churches, schools among those who decry slashing incentives, though big arrays may thrive under the legislation.
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Waterhouse: Lessons from Flint: law, economics, equity and the environment

March 8, 2017
Behind the very technical laws we have in our state and across the country, there are broader goals and ends. When we lose sight of these, laws, like other tools, can become destructive forces that strip people of their dignity, well-being and their lives.
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Sugarman/Tuley: Hazardous waste rule changes may impact Indiana businesses

March 8, 2017
In November 2016, the Indiana Department of Environmental Management incorporated the EPA’s alterations to its Definition of Solid Waste (or DSW) Rule into the Indiana Administrative Code.
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Indiana Senate approves bill to curtail solar incentive

February 28, 2017
 Associated Press
Financial incentives for installing solar panels would be eliminated in the coming years under a bill passed Monday by the Indiana Senate.
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7th Circuit rules Duke Energy must pay for wind-generated power

December 6, 2016
Olivia Covington
The 7th Circuit Court of Appeals reversed a district court decision Tuesday requiring Duke Energy to pay for power generated by a local wind farm only if it passes to a lower grid, deciding instead that the energy company is contractually obligated to pay for any generated power regardless of transmission issues.
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2 Indiana men sentenced to prison for biodiesels fraud

December 5, 2016
 Associated Press
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.
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After Obama, Trump may face children suing over global warming

November 11, 2016
 Bloomberg News
A lawsuit brought by children against the Obama administration may force President-elect Donald Trump to decide how far he’ll go to downplay the threat of global warming.
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DC appeals court hears arguments in Clean Power Plan case

September 27, 2016
 Associated Press
The federal appeals court in Washington began hearing arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions.
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EPA adds Indianapolis groundwater plume to priority list

September 8, 2016
 Associated Press, IBJ Staff
The U.S. Environmental Protection Agency on Wednesday added an 18-acre contaminated groundwater site on the west side of Indianapolis to the National Priorities List of Superfund sites.
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Fight to protect Indiana bat from wind farm renders mixed ruling

September 7, 2016
Marilyn Odendahl
The Indiana bat has been part of a long-running battle against a proposed 100-turbine wind farm in Ohio. A lawsuit filed in 2013 by the Bloomington-based Conservation Law Center sought to block a permit issued by the U.S. Fish and Wildlife Service that would have allowed the Buckeye Wind Project to kill the protected species.
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Sugarman: SCOTUS affirms wetland determinations subject to review

September 7, 2016
On May 31, the United States Supreme Court once again unanimously delivered a victory for landowners who wish to challenge wetlands determinations handed down by the federal government.
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Wagner: Who will pay to clean up Indiana's polluted deep aquifers?

September 7, 2016
Bill Wagner
With fewer taxpayer dollars to fund the Superfund program, the responsible parties left standing would have to bear the costs for others that have either gone out of business or filed for bankruptcy.
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Regulators OK final settlement over controversial Edwardsport plant

August 25, 2016
John Russell, IBJ Staff
A bitter, costly fight over who will pay for Duke Energy’s $3.5 billion coal-gasification plant, one of the most expensive projects in Indiana history, is finally over.
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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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