Articles

Farm feud: CAFO challenge turns to U.S. Supreme Court

Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.

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New Title IX rule brings change

In a 90-day sprint, colleges and universities across the country have had to spend the summer developing and implementing new processes for handling allegations of sexual misconduct on their campuses, but the schools must wait and see whether all the work will repair a system perceived as unfair and unjust.

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Bont: White-collar prosecutions decline amid COVID-19 pandemic

The onset and continuation of COVID-19 distancing precautions has led to fewer criminal prosecutions in general and fewer “white collar” prosecutions in particular. White collar criminal investigations are dependent upon search warrants for business records, witness cooperation and grand jury testimony. It shouldn’t come as a shock to anyone that witnesses are even less welcoming of government agents into their homes and offices (and government agents are certainly less inclined to make such visits) at this time.

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Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem

The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.

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