Indiana scraps plans to buy land for Ohio River port site
Indiana has scrapped plans to buy land at an Ohio River site under consideration for the state’s newest shipping port, Gov. Eric Holcomb announced Thursday.
Energy & Environment
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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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Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power
A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.
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Indiana takes steps to improve water sustainability
Hoosier lawmakers, utilities and water policy lawyers in recent years have begun to look more closely at supply and demand. Legislation passed by the General Assembly in 2019, for example, ties certain funding sources to evidence of effective water study and communication. Meanwhile, some of the state’s biggest utilities have begun efforts to increase collaboration so that water resources might be shared.
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Articles
New law for a new century: NEPA ‘modernization’ could limit public input on environmental impacts, lawyers say
For the last 50 years, Americans have had a say in how these projects impacted their neighborhoods through the National Environmental Policy Act. But environmental groups and lawyers have concerns that could change under a new Trump Administration rule set to take effect this week.
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.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
6 former EPA bosses call for agency reset after election
Six former Environmental Protection Agency chiefs are calling for an agency reset after President Donald Trump’s regulation-chopping, industry-minded first term, backing a detailed plan by former EPA staffers that ranges from renouncing political influence in regulation to boosting climate-friendly electric vehicles.
Thomas and Sugarman: SCOTUS’ Atlantic Richfield ruling and environmental torts
Environmental tort actions fall under the larger rubric of toxic torts and involve personal injury and property damage claims for releases of environmental contamination. But what happens when, as they often do, the regulatory cleanup takes years or even decades?
Class-action certification upheld in Clark County residents’ suit against landfill
A group of Clark County neighbors have prevailed in an interlocutory appeal in their proposed class-action lawsuit that claims a Jeffersonville landfill emits noxious odors and negatively impacts the surrounding residential area.
Indiana negotiates deal with worst utility permit violator
An Indiana utility that committed the most permit violations in the state in the last three years is negotiating a deal with state environmental regulators to keep one of its power plants open.
EPA seeks comments on cleanup of Indianapolis Superfund site
The federal government is seeking the public’s input on its plan to clean up groundwater contamination at a Superfund site in Indianapolis that’s tainted with chemicals used by a dry cleaning company.
NIPSCO’s coal ash removal sparks environmental concerns
A major utility’s plan to close five Indiana coal ash ponds at a power plant along Lake Michigan and move coal ash to a landfill has sparked concerns from environmental activists about how the dust kicked up by that project will be controlled.
Lawsuit claims IDEM official ‘maliciously targeted’ environmental company, gas stations
Claiming an IDEM official gave “disparate treatment out of sheer vindictiveness” and “orchestrated a campaign of official harassment,” environmental consultants and business owners have filed a lawsuit against the Indiana Department of Environment Management and Douglas R. Louks, deputy assistant commissioner of the IDEM Office of Land Quality.
Justices reject EPA’s narrow view of Clean Water Act
The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.
Brown: Patent priorities, trademark cautions for the eco-focused
Earth Day is upon us, and the World Intellectual Property Organization has announced a theme of “Innovate for a Green Future” for World Intellectual Property Day on April 26. Christopher Brown offers two bits of eco-minded intellectual property law.
New law mandates Indiana schools test for lead contamination
Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.
Indiana legislators pass bill seeking to deregulate wetlands
Indiana’s protections for certain wetlands would end under legislation state lawmakers approved in the waning hours of their session, even though the state’s own environmental agency joined environmentalists in opposing the measure.
Indiana lawmakers pass controversial coal bill
A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.
Indiana Senate panel advances controversial coal bill with some changes
A bill that could slow Indiana utilities from shutting down coal-fired plants is advancing to the Senate floor, after a panel voted Thursday to approve the measure — but with changes that could save money for ratepayers compared with the original bill.
EPA orders hazardous waste probe at shuttered E. Chicago site
The U.S. Environmental Protection Agency has launched a hazardous waste investigation at a sprawling former oil refinery in northwestern Indiana that was shuttered in 1973 and later was the scene of a major fire.
Cellphone ban, pregnancy accommodations among issues facing Statehouse debate
Indiana lawmakers returned to the Statehouse this week after deadlines last week on advancing bills for action during the second half of this year’s legislative session.
Indiana House backs slowing coal power plant closures
The Indiana House narrowly endorsed Monday a proposal aimed at making it more difficult for Indiana electric companies to close more coal-fired power plants.