Relue, Connor & Townsend: The future’s so bright (I gotta wear shades)
Indiana communities can now choose to become solar energy-ready communities under Indiana Code § 8-1-42.
Energy & Environment
Articles
Bill seeks to prevent federal takeover of Indiana air pollution program
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.
Court ruling favors permit for Spencer Co. coal-to-diesel plant project
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.
AES Indiana, customers at odds over $41M in costs incurred while power plant was down
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.
COA finds utility company met TDSIC requirements
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.
COA affirms for New Hampshire insurer in AES coverage dispute
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.
Split COA reverses against school corporation in unpaid wind turbine usage dispute
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.
Rokita: No ‘woke’ criteria allowed in pension investments
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.
EPA waives fuel rule in 4 states after Indiana refinery fire
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.
Decision by SCOTUS might slow transition to cleaner energy
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.
Justices grant transfer in disputed energy utility case, deny nine others
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.
COA to hear arguments in 3 cases Tuesday
The Court of Appeals of Indiana is preparing to hear arguments in cases involving solar farms, imminent domain and insurance coverage next week.
Justices won’t block Biden policy on ‘social cost of carbon’
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.
House passes bill to crack down on gasoline ‘price gouging’
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.
Biden finalizes rule restoring broad review of big projects
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.
Justices dismiss appeal challenging IURC decision, disagree on standing analysis
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.
Governor’s veto of ethanol warning upheld by Indiana Senate
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.
Janzen: Real estate laws hurting climate change fight?
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.
Hamer-Bailey: PFAS liability and commercial property transfers
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.
Kelln and Harrell: Could Title VI force change in IN enviro policies?
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.