• 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.

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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

Indiana lawmakers amend environment bills as deadlines near

Dozens of amendments to bills affecting Indiana environmental policy have sparked debate among lawmakers as the Legislature enters its final stretch of the session. The proposed changes arrive as members of the General Assembly decide whether the state should adopt greener initiatives or scale back current policy protecting water, energy and other resources.

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Biden’s ‘jobs Cabinet’ to sell infrastructure as GOP resists

President Joe Biden is setting about convincing America it needs his $2.3 trillion infrastructure plan, deputizing a five-member “jobs Cabinet,” including former South Bend Mayor Pete Buttigieg, to help in the effort. But the enormity of his task is clear after Senate Minority Leader Mitch McConnell vowed to oppose the plan “every step of the way.”

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Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.

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Kelln and Harrell: Hoosier McCabe’s EPA nomination elevates climate change policies

A little more than four years ago, Hoosier Janet McCabe ended her service as assistant administrator of EPA’s Office of Air and Radiation. Since then, the most significant aspects of the Obama-era climate change regulations, namely the Clean Power Plan, have been unwound. Biden’s selection of McCabe signals a doubling down on regulating greenhouse gas emissions.

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Doehrmann, List and Hagerty: Coal combustion residual regulation outlook under Biden

It has been just over one month since President Joe Biden was sworn in as the 46th President of the United States, and he is delivering on his promise to move quickly. Biden has signed more executive orders in his first 30 days than any president in U.S. history. Perhaps another record-breaking instance is the proportion of these actions that relate to energy and environmental policies.

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McCabe: Biden will reverse Trump environmental policies

The Trump administration has used many tools to weaken environmental protection. For example, Trump issued an executive order in June 2020 to waive environmental review for infrastructure projects such as pipelines and highways. I expect the Biden administration will quickly signal to the nation that effectively applying the nation’s environmental laws matters to everyone – especially to communities that bear an unfair share of the public health burden of pollution.

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