Indiana’s air pollution permitting program is low on money, edging toward violation of the federal Clean Air Act — and a potential U.S. Environmental Protection Agency takeover. And it’s because air pollution is decreasing.
Bill would require de novo judicial review of environmental agency decisions
A bill proposed in the 2022 Indiana legislative session would have required trial courts to try disputed issues of fact de novo in a judicial review of certain agency actions. Republican Rep. Chris Jeter, R-Fishers, said he authored House Bill 1063 in an attempt to even the playing field between decision-making agencies and Hoosiers, and in response to an Indiana Supreme Court decision.Read More
Spencer County has been selected to build the first direct coal-hydrogenation refinery in the U.S., and a request has been submitted in Posey County to build a natural gas pipeline under the Ohio River into Evansville. Despite promises of cleaner energy and increased commerce, both projects are being met with opposition from environmental organizations and county residents.Read More
Toxic fallout: Remediation and lawsuits continuing at USS Lead Superfund site in East Chicago
The pictures of sun-drenched homes and neatly trimmed lawns in East Chicago showcase what is perhaps the best outcome. However, the images belie the nightmare many residents are still living. The homes along with the neighboring West Calumet Housing Project and Carrie Gosch Elementary School were all built on the USS Lead Superfund site.Read More
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.Read More
The Marion Superior Court has affirmed an earlier ruling from the Indiana Office of Environmental Adjudication regarding the issuance of an air permit by the Indiana Department of Environmental Management for Delaware-based Riverview Energy Corp.
No one is disputing the fact that AES Indiana’s newest power plant, Eagle Valley in Martinsville, conked out twice last year and stayed out of service for 11 months while dozens of experts tried to fix it. But now plenty of people are arguing over who was at fault—and who should pay.
An attempt to short circuit the state’s approval of a power company’s plan to upgrade the system and increase rates through the TDIC mechanism was disrupted when the Court of Appeals of Indiana found the plan and the state regulators were grounded in statute.
An Indianapolis electricity company had its appeal zapped Monday by the Court of Appeals of Indiana after being denied a request for declaratory judgment in a coverage dispute against its former insurer.
A divided Court of Appeals of Indiana has reversed for a construction company that sued an Indiana school corporation after it failed to pay $1.5 million in damages for its access to a wind turbine.
Indiana and its investment managers can’t make government employee pension system investments based on environmental, social or governance criteria, Attorney General Todd Rokita wrote in an advisory opinion released Thursday.
The Environmental Protection Agency temporarily lifted a federal rule for fuel sales in four states in response to a fire last week at an Indiana oil refinery that could affect prices and supply.
The Supreme Court ruling limiting the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants could have far-reaching consequences for the energy sector—and make it harder for the Biden administration to meet its goal of having the U.S. power grid run on clean energy by 2035.
Indiana Supreme Court justices granted transfer to one case last week regarding a dispute that resulted in a reversal for several environmental groups against a southern Indiana electric company.
The U.S. Supreme Court on Thursday allowed the Biden administration to use a higher estimate, challenged by Republican-led states, for calculating damages to people and the environment from greenhouse gas emissions.
A closely divided House approved legislation Thursday to crack down on alleged price gouging by oil companies and other energy producers as prices at the pump continue to soar.
The Biden administration is restoring federal regulations guiding environmental reviews of major infrastructure projects such as highways and pipelines that were scaled back by the Trump administration in a bid to fast-track the projects.
A solar-power advocacy organization did not have standing to seek judicial review of a decision by the Indiana Utility Regulatory Commission, the Indiana Supreme Court has ruled, dismissing the appeal outright. But while all justices agreed with the outcome, one argued the court’s standing analysis should be more robust.
The Indiana Senate narrowly upheld a veto that Gov. Eric Holcomb issued last year on a bill that would have required additional labeling for fuel pumps distributing E15, a fuel blend that contains up to 15% ethanol in gasoline.
Midwestern farms are sitting on an untapped resource to meet climate change goals, namely, millions of acres of farmland that have always been farmed to maximize production. Soil and climate scientists are finding that with some production changes, such as planting cover crops during fallow periods to ensure soil is always pulling carbon dioxide out of the atmosphere, farmers can increase soil uptake of carbon in farmland.
Over the last few years, one of the most talked about — and confounding — topics in environmental law has been the issue of PFAS contamination (of per- and polyfluoroalkyl substances). A pervasive part of our modern lives, from Teflon to Scotchgard to firefighting foam, PFAS compounds now seem to be both a blessing and a curse.
Conceptually, environmental justice is the “fair treatment and meaningful involvement of all people regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The concept of environmental justice is not new, but came to the forefront during the Obama administration in the aftermath of the Flint, Michigan, lead-contaminated drinking water crisis. However, environmental justice never became a coherent strategy and was overshadowed by significant rulemakings around climate change. That has changed in the first year of the Biden administration.
The Supreme Court of the United States wrestled Monday with the Environmental Protection Agency’s authority to curb greenhouse gas emissions from the nation’s power plants, a case that could hamstring the Biden administration’s plans to combat climate change.