Energy & Environmental Law

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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Reprimand issued for ALJ in IURC-Duke scandal

February 6, 2014
Dave Stafford
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
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Company can’t prevail in appeal on claims of collusion

January 16, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Will Indiana's economy cool due to rising energy costs?

August 28, 2013
Bose McKinney & Evans attorney Nikki Shoultz discusses the relationship of the economy on rising energy costs.
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Ex-IURC leader’s criminal charges dropped

August 12, 2013
Dave Stafford
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
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Justices take Rockport gasification appeal

June 6, 2013
Dave Stafford
The Indiana Supreme Court will hear an appeal that could determine the fate of a controversial proposal to fund a southern Indiana coal gasification plant with guaranteed prices above current market rates for the substitute natural gas it would create.
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Rockport on the rocks

May 8, 2013
Dave Stafford
The Indiana Legislature leaves the fate of a derided coal gasification plant proposal to justices.
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Stepping outside the career comfort zone

March 27, 2013
Chris O'Malley
Taking utility president role at PSI Energy had risks for Kay Pashos.
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IDEM's application of new antidegradation rule raising ire

February 27, 2013
Marilyn Odendahl
After more than 10 years of protracted and, at times, contentious debate, Indiana finalized protections for some of its most clean waters. But less than a year after taking effect, a short letter denying an antidegradation application has unleashed criticism that the state is not implementing the rule as intended.
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Tracking fracking in Indiana

February 27, 2013
Dave Stafford
Recent laws provide regulations, but an effort for advance plan approval gains little traction.
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Town takes unusual step to gain control of utility

February 27, 2013
Scott Olson
Mooresville's bid to purchase water operations likely will be decided in court.
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Duke loses appeal of scandal-touched IURC rate case reversal

December 28, 2012
Dave Stafford
The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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Possible end of tax credit leaves future renewable energy sources up in the air

December 5, 2012
Dave Stafford
Newton County lawyer Dan Blaney has a blunt reaction to the potential end of a federal subsidy that has enabled the rise of wind energy in his part of the state. “We’re in trouble,” he said.
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