Environmental issues

Court affirms insurer must cover environmental cleanup costs

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
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Supreme Court revives Rockport plant proposal

December 17, 2013
Dave Stafford
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
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Indiana among states wanting SCOTUS to clear the air on pollution standard

December 9, 2013
Marilyn Odendahl
A coalition of 14 states, including Indiana, are headed to the Supreme Court of the United States Dec. 10 to argue that the U.S. Environmental Protection Agency has overstepped its authority, again, in trying to regulate air pollution in upwind states.
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Justices weigh $2.7 billion Rockport deal

September 11, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
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Massa stays in Rockport case despite calls for recusal

August 28, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Aug. 14 denied a formal motion arguing that he should recuse himself from a pending case concerning a controversial power plant in Rockport. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Farm smells ignite debate but no consensus reached

August 28, 2013
Marilyn Odendahl
Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.
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Massa stays in Rockport power plant case over calls for recusal

August 14, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Environmental groups ask Massa to recuse from Rockport case

August 14, 2013
Dave Stafford
Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.
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COA notes Indiana law would have changed outcome of environmental dispute

August 2, 2013
Marilyn Odendahl
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
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7th Circuit won’t make Indiana rip up section of I-69

July 16, 2013
Dave Stafford
The 7th Circuit Court of Appeals on Tuesday rejected environmental activists’ arguments that the U.S. Army Corps of Engineers failed to adequately address impact on wetlands when it issued permits for a recently completed section of Interstate 69 in southern Indiana.
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7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
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Court rules in favor of insurer in environmental cleanup dispute

May 23, 2013
Jennifer Nelson
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.
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State must seek EPA approval before reclassifying ethanol plants

April 30, 2013
Jennifer Nelson
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
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Justices rule in favor of sewer facility operator in condemnation action

April 11, 2013
Jennifer Nelson
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
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Environmental groups lob new suit at I-69 work

February 28, 2013
Scott Olson
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
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Law school’s environmental symposium features senior adviser to EPA

February 27, 2013
Indiana University Robert H. McKinney School of Law’s sixth annual spring environmental symposium on March 1 includes keynote speaker Cameron Davis, a longtime advocate for Great Lakes conservation.
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Indiana water utilities receive millions in atrazine settlement

January 21, 2013
Dave Stafford
More than a dozen Indiana water utilities will receive checks of $100,000 or more as part of $105 million in settlement disbursements announced last week in the last phase of litigation involving the weed killer atrazine that contaminated more than 1,100 water systems nationwide.
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7th Circuit reinstates suit to recoup environmental cleanup costs

December 19, 2012
Jennifer Nelson
Finding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
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Justices: summary judgment inappropriate on some claims in contaminated waste suit

December 19, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed in part and reversed in part the grant of summary judgment to various defendants involved in a landowner’s lawsuit seeking damages after a steel fabrication company deposited solid waste onto his property.
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Insurer doesn’t have to cover cleanup of California sites

December 6, 2012
Jennifer Nelson
Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
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COA affirms on rehearing its ruling against Bloomington dry cleaner

December 4, 2012
Dave Stafford
The Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August ruling that went against him.
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COA will not reweigh California environmental cleanup decisions

October 9, 2012
Dave Stafford
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
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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.
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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.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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