Energy & Environment - The Indiana Lawyer

Kelln and Harrell: Could Title VI force change in IN enviro policies?

March 2, 2022 | Max Kelln and Julian Harrell

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.

SCOTUS justices wrestle with EPA power to curb carbon emissions

March 1, 2022 | Associated Press

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.

Lawmakers lay groundwork for electric-vehicle infrastructure

February 15, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana lawmakers are working to set up the first regulatory framework for utilities to build charging stations and other wide-scale infrastructure needed to support Hoosiers’ conversion to electric vehicles. House Bill 1221 outlines parameters for the Indiana Utility Regulatory Commission to use when considering utility company proposals for the construction of charging stations and setting […]

Court rejects CenterPoint’s billing method for solar power

February 2, 2022 | Associated Press

The Indiana appeals court has ruled in favor of consumer advocacy groups that challenged a change in the way a southwestern Indiana utility bills customers who have solar panels.

Indiana panel advances bill giving broad liability protection to energy company

January 19, 2022 | John Russell and Indianapolis Business Journal Staff

An Indiana House panel narrowly passed a bill on Tuesday that would prevent an energy company from being sued if its plans to pump carbon emissions thousands of feet underground diminish the value of neighboring properties.

BP agrees to $500K penalty, soot limits at Indiana refinery

December 3, 2021 | Associated Press

Oil giant BP agreed Thursday to pay a $512,450 penalty and reduce soot emissions from its Whiting refinery in Indiana under an agreement with regulators and activists who accused the company of violating an earlier deal.

2008 Mississippi River spill: Jeffersonville barge company to pay $6.6M

October 7, 2021 | Associated Press

An Indiana-based barge company responsible for a Mississippi River oil spill that significantly damage shoreline habitat in south Louisiana in 2008 has agreed to pay $2.1 million in damages and buy and preserve a wildlife habitat just miles from downtown New Orleans.

Ohio lawmakers look to repeal subsidy for coal plant in Madison

September 24, 2021 | Associated Press

Some lawmakers in the Ohio Legislature want to end a subsidy for two unprofitable Cold War-era coal plants — including one in Indiana — that have cost state electric customers more than $340 million thus far and leave them on the hook for hundreds of millions more, thanks to a tainted energy bill that led to the biggest corruption scandal in state history.

Indiana Supreme Court to consider Duke Energy rate increase

September 21, 2021 | Olivia Covington

The Indiana Supreme Court is delving into a dispute over Duke Energy’s request to raise rates to recover funds spent on coal ash remediation.

7th Circuit upholds dismissal of Vectren shareholders’ suit against merger

September 14, 2021 | Katie Stancombe

A panel of the 7^th Circuit Court of Appeals has upheld a district court’s ruling that dismissed a shareholder lawsuit over the acquisition of one of Indiana’s major utility companies with an out-of-state public utility holding company in 2018.

Coal to diesel project fuels evidentiary standard argument

September 1, 2021 | Marilyn Odendahl

A plan to build the country’s first direct coal-hydrogenation refinery in southern Indiana has spawned a crop of flimsy yard signs proclaiming either support for or opposition to the project and has caused a legal argument to flourish over how much ordinary Hoosiers need to do to get their day in court.

Greener pastures?

September 1, 2021

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.

Concerns rise over natural gas turbines, underwater pipeline

September 1, 2021 | Katie Stancombe

CenterPoint Energy, formerly known as Vectren, has submitted a request to build two natural gas turbines in place of its coal-burning generators at the southern Indiana A.B. Brown Power Plant. But residents and environmental groups are opposing the project.

Pashos: Indiana’s 21st Century Energy Task Force continues its work

September 1, 2021 | Kay Pashos

Indiana’s second 21st Century Energy Task Force began its work last month at the state Capitol. The first task force was created by the General Assembly in 2019 to explore how fuel transitions and emerging technologies may affect the state’s electric system, with particular emphasis on reliability and affordability.

AES Indiana sues insurers over coal-ash cleanup liability

August 26, 2021 | John Russell, Indianapolis Business Journal

AES Indiana is suing more than a dozen insurance companies, claiming they have refused to indemnify and defend the utility for coal-ash environmental cleanup that could exceed $177 million at three generating plants.

Supreme Court won’t sidetrack plans for natural gas pipeline

June 29, 2021 | Associated Press

The Supreme Court sided Tuesday with a pipeline company in a dispute with New Jersey over land the company needs for a natural gas pipeline.

COA affirms disputed votes in favor of Madison Co. solar farm

June 21, 2021 | Katie Stancombe

The votes of two Madison County Board of Zoning Appeals members regarding a disputed solar energy project were valid, the Indiana Court of Appeals has ruled. It also held that the board’s approval of special use applications and setback variances were supported by substantial evidence.

Governor signs controversial wetlands bill into law

April 30, 2021 | Susan Orr, Indianapolis Business Journal

Gov. Eric Holcomb signed a controversial wetlands bill into law on Thursday, disappointing numerous environmental, conservation and civic groups that had spoken out against the legislation.

Supreme Court wrestles with New Jersey pipeline case

April 29, 2021 | Associated Press

The Supreme Court on Wednesday wrestled with how to resolve a clash between the state of New Jersey and a pipeline company over land the company needs for a natural gas pipeline.

Indianapolis attorney’s leap to classroom highlights role, value of adjunct law faculty

April 28, 2021 | Marilyn Odendahl

Environmental attorney Kathryn Watson was already scheduled to be a guest speaker in the clean air law class during Indiana University Robert H. McKinney School of Law’s spring semester when the professor called to ask if she would be willing to shoulder a bit more responsibility.

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