Environmental issues

In environmental suit, court properly vacated ruling for Bloomington dry cleaner

August 28, 2012
Dave Stafford
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
More

Appeals court reverses decision for lessee of contaminated industrial building

August 27, 2012
Dave Stafford
A company that leased a building with environmental contamination was improperly granted summary judgment over the environmental issues and claims of breach of contract, the Court of Appeals ruled Monday.
More

Indiana pleased with decision to vacate EPA Transport Rule

August 22, 2012
IL Staff
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
More

Summary judgment upheld in contamination case

July 30, 2012
Dave Stafford
The former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
More

Federal judge rules against environmental groups in I-69 suit

July 25, 2012
Jennifer Nelson
The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.
More

Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
More

2 Taft lawyers behind new ABA book

July 18, 2012
Jennifer Nelson
The idea for “Environmental Liability and Insurance Recovery” came to Taft Stettinius & Hollister LLP attorneys Frank Deveau and David Guevara while waiting for another environmental-themed book they worked on to be published. In fact, the liability and recovery book, which came out in May, made it out a couple months before the other. Both were published by the American Bar Association.
More

Court affirms permit to build new wastewater treatment plant

May 17, 2012
Jennifer Nelson
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
More

Environmental law group names IU professor award winner

May 8, 2012
IL Staff
The Environmental Law Institute has named an Indiana University scientist and faculty member the winner of the 2012 National Wetlands Award for Science Research.
More

First Wednesday event to discuss environment

April 3, 2012
IL Staff
The ACLU of Indiana and NUVO managing editor Jim Poyser will lead a panel discussion, “Environmental Justice: Whose air/food/water is it, anyway?” at its First Wednesday event April 4.
More

Judges rule on Evansville environmental coverage case

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
More

Justices disagree on pollution exclusion coverage

March 22, 2012
Michael Hoskins
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
More

Majority upholds finding of contempt

March 21, 2012
Jennifer Nelson
Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
More

COA affirms ruling in favor of mining company, DNR

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
More

Disclosing environmental violations

February 29, 2012
Case involving a pork producer was first test of law enacted in 2009.
More

Environmental law research team receives $5,000 grant to study water governance

February 24, 2012
IL Staff
A grant from the International Council for Canadian Studies will assist Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier and a student research team in their work on transboundary water resource governance.
More

Appellate court rules on insurance coverage case

December 6, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
More

Environmental groups merge

December 5, 2011
Jenny Montgomery
The Legal Environmental Aid Foundation and The Hoosier Environmental Council announced that the two not-for-profits have merged and will continue operations as the Hoosier Environmental Council.
More

Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
More

Judges rule on breach of contract lawsuit

September 15, 2011
Jennifer Nelson
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.
More

COA splits on whether Dreaded decision requires judgment for insurer

August 24, 2011
Jennifer Nelson
In a dispute over whether an insurer was required to pay pre-notice costs for environmental cleanup, the Indiana Court of Appeals was divided over whether the Indiana Supreme Court ruling Dreaded v. St. Paul Guardian Insurance was distinguishable from the instant case.
More

Judges split on District Court’s use of Colorado River abstention doctrine

May 3, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
More

Judges address 'public utility' questions

April 25, 2011
Michael Hoskins
In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
More

Justices accept ordinance case

April 18, 2011
IL Staff
The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.
More

Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
More
Page  << 1 2 3 4 >> pager
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT