Energy & Environmental Law

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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Drought fuels renewed drive for a statewide water policy

December 5, 2012
Marilyn Odendahl
The Indiana Chamber of Commerce is finding that there is nothing quite like a dry, arid, hot summer to spark people’s interest in water.
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Trial that OK’d Jasper energy plant conversion error-filled

November 19, 2012
Dave Stafford
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
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Social networking among Indiana State Bar meeting topics

October 24, 2012
Dave Stafford
Annual gathering presentations also explore alternative fees and interacting with the media.
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COA affirms $55k judgment for couple who purchased wind turbine

October 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
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Law firms pursue BP bad-gas class action

August 24, 2012
Dave Stafford
One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.
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Disclosing environmental violations

February 29, 2012
Case involving a pork producer was first test of law enacted in 2009.
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Attorneys discuss ethics of energy law practice

February 29, 2012
Michael Hoskins
Ethical issues faced by attorneys practicing energy law are often the result of the small number of lawyers currently in that field of law.
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CFOs, CAFOs in the spotlight

February 29, 2012
IL Staff
An update on Indiana laws and legislation involving confined feeding operations and confined animal feeding operations.
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Justices take environmental, land rights appeals

February 13, 2012
Michael Hoskins
The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
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Impact of an evolving interstate

December 21, 2011
Michael Hoskins
Lawsuits challenge the environmental footprint and public policy of I-69 expansion in southern Indiana.
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Opinions divided on need for phosphorus regulation

December 21, 2011
Jenny Montgomery
Fishing, boating and swimming are popular summer pastimes in Indiana, but increasingly, Hoosiers looking for a relaxing weekend at the lake are being warned to avoid the water altogether due to pollution.
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Golf course manager suing DuPont over herbicide

July 19, 2011
Scott Olson
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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