Environmental Issues

Judge issues $50M judgment against Elkhart environmental nuisance

November 25, 2015
Dave Stafford
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.
More

EPA intends tougher downwind air-pollution rule in 23 states

November 18, 2015
 Associated Press
The Environmental Protection Agency proposed tougher new limits on Tuesday on smokestack emissions from nearly two dozen states — including Indiana — that burden downwind areas with air pollution from power plants they can't control.
More

Coal ash expert to address Indiana environmental advocates

November 12, 2015
 Associated Press
An expert on the nation's coal ash ponds will address Indiana environmental advocates during their annual gathering focusing on the state's upcoming legislative session.
More

States file additional challenge to EPA emissions power plant rule

November 4, 2015
IL Staff
The 23 states that are challenging a U.S. Environmental Protection Agency’s rule requiring existing power plants to reduce carbon dioxide admissions filed an additional legal challenge Tuesday challenging a similar rule related to new power plants.
More

Senate blocks legislation to undercut EPA clean water rules

November 4, 2015
 Associated Press
Democrats have blocked a Senate bill that would have forced the Obama administration to withdraw new federal rules to protect smaller streams, tributaries and wetlands from development and pollution.
More

Indiana part of lawsuit challenging EPA carbon rule

October 23, 2015
 Bloomberg News, IL Staff
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.
More

New US clean water regulations blocked nationwide by court

October 9, 2015
 Bloomberg News
A U.S. appeals court has put on hold new federal environmental regulations governing American water bodies while it reviews a legal challenge from 18 states.
More

Lawsuit wants plans mandated for dealing with big oil spills

October 8, 2015
 Associated Press
An environmental group sued the federal government Thursday, contending it gives pipeline owners and operators a free pass on developing legally required plans for dealing with oil spills into lakes, rivers and other inland waterways.
More

BP to pay $138 million in fees in DOJ deal

October 8, 2015
 Bloomberg News
The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.
More

Lawsuit takes on Indiana's right-to-farm laws

October 7, 2015
Jeff Newman, IBJ Staff
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
More

Neither side happy with EPA's new ozone standard

October 2, 2015
 Associated Press
The Obama administration set a new national ozone standard Thursday, tightening limits on the smog-forming pollution linked to asthma and respiratory illness.
More

Volkswagen to be subpoenaed in probe by 27 states

September 25, 2015
 Bloomberg News
A majority of U.S. states, including Indiana, have begun a joint investigation of Volkswagen AG in the widening fallout from the company’s admission that 11 million of its diesel vehicles use software to cheat emissions tests.
More

7th Circuit rejects Indiana appeal of EPA ruling

August 10, 2015
Dave Stafford
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
More

Judge: Landowners can't keep public off Lake Michigan beach

July 30, 2015
 Associated Press
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.

More

COA affirms judgment against Hammond in towns’ sewer suit

July 13, 2015
Dave Stafford
Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.
More

Indiana among 9 states contesting EPA water rule

July 6, 2015
IL Staff
Indiana will join eight other states that have challenged an Environmental Protection Agency rule redefining streams, creeks, ponds and wetlands as waters of the United States.
More

EPA loses on power-plant emissions rule

June 29, 2015
 Bloomberg News, IL Staff
The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.
More

Judge strikes another blow against proposed Illiana Tollway

June 17, 2015
 Associated Press
A U.S. District Court judge in Chicago ruled Tuesday that the federal government's approval of the proposed Illiana Tollway linking northern Illinois and Indiana is invalid.
More

Appeals court tosses suits challenging climate change plan

June 9, 2015
 Associated Press
A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.
More

Humane Society ‘disappointed’ justices won’t hear canned-hunt suit

June 8, 2015
Dave Stafford
A deadlocked Indiana Supreme Court declined to hear the state’s appeal of a ruling allowing captive-hunting preserves to operate in the state without regulation. The Humane Society condemned the decision on the controversial hunting practice.
More

Appeals court sides with EPA on air pollution limits

June 3, 2015
 Associated Press
A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.
More

Environmental groups sue over Illiana Tollway approval

May 27, 2015
 Associated Press
Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.
More

Court skeptical of challenge to Obama's climate change plan

April 16, 2015
 Associated Press
Two out of three judges on a federal appeals court panel are expressing doubts about a legal challenge to the Obama administration's far-reaching plan to address climate change.
More

Voters to consider hunting amendment to Indiana Constitution

April 15, 2015
 Associated Press
A measure will be on the Indiana ballot in 2016 asking voters if they want to approve a constitutional amendment preserving the right to hunt and fish in the state.
More

Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
More
Page  << 1 2 3 4 5 6 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT