Ethanol producer blames Cloverdale plant closure on Trump EPA
The owner of a western Indiana ethanol plant is blaming its shutdown on the Trump administration allowing some refineries to not blend ethanol with gasoline as required under federal law.
Energy & Environmental Law
Articles
NIPSCO loses appeal in damaged gas line small-claims suit
An excavation company found at fault for the destruction of a new home’s gas line will still have to pay up to the Northern Indiana Public Service Company despite the latter’s assertion that the company could not be held liable for a landscaper’s failure to mark the gas lines.
In contamination case, 7th Circuit cleans up messy preclusion fight
Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.
Reversal: USDA farm wetlands ruling arbitrary and capricious
A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.
Reversal: Man can’t build concrete seawall on lake property
A man’s permission to build a concrete wall on his northern Indiana lakefront property has been halted now that the Indiana Court of Appeals has reversed a trial court’s reversal of his denied application.
Despite objections, 9,200-head hog farm moves forward in Miami County
A proposed 9,200-head hog farm is moving forward in northern Indiana despite opposition from residents who say it will hurt property values and environmentalists worried about its proximity to a large reservoir.
2 groups appeal Indiana permit for coal-to-diesel plant
Two southern Indiana groups are appealing an air permit that state regulators recently approved for a planned $2.5 billion coal-to-diesel plant.
US won’t impose rule to protect against coal ash spill costs
The Trump administration said Tuesday that it won’t require electric utilities to show they have money to clean up hazardous spills from power plants despite a history of toxic coal ash releases contaminating rivers and aquifers.
Majority of Indiana justices rule for NIPSCO in rate fight
Asserting in a 3-2 decision that allowing a group of angry industrial ratepayers to prevail could cause the lights to go out and the furnace to switch off, a split Indiana Supreme Court has upheld a utility’s petition to raise customers’ electric bills. The NIPSCO Industrial Group had challenged Northern Indiana Public Service Co.’s second […]
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Zipping into statutes: Overview of new laws for 2019
Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.
Complex questions about justice center site safety concern prosecutor, public defender
Since the Marion County judges hired their own environmental consultant to review the remediation plans for the property where the new justice center is slated to be built, the Marion County prosecutor and public defender offices have started raising their own concerns about the level of contamination and safety of their workers.
SCOTUS sides with Virginia in uranium mining ban case
The United States Supreme Court sided with the state of Virginia on Monday, finding nothing improper about its decades-old ban on mining radioactive uranium. The ruling leaves in place the commonwealth’s prohibition on mining the largest uranium deposit in the United States.
9th Circuit weighs if climate change violates children’s rights
In a Portland, Oregon, courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.
IDEM to hike permit fees for first time in decades
On May 5, Gov. Eric Holcomb signed a bill supported by the Indiana Chamber, the Indiana Manufacturers Association, and other business and environmental groups that will allow the state to raise pollution permit fees after an extensive rulemaking process that could last more than a year.
Contamination at justice center site concerns judges
After being home to a gas and coke facility for nearly 100 years, the land designated for the new Marion County Community Justice Center has a toxic legacy buried deep in its soil. Judges have asked for a second opinion on the environmental health of the location in the Twin Aire neighborhood of Indianapolis.
Fired whistleblower’s case against IDEM reinstated, remanded
A long-running dispute between the Indiana Department of Environmental Management and a terminated employee has been partially revived after a panel of appellate judges agreed the former worker could have been held personally liable for misuse of state funds.
Ex-EPA chief Pruitt registers as energy lobbyist in Indiana
Scott Pruitt, the scandal-ridden former head of the Environmental Protection Agency, registered as an energy lobbyist in Indiana on Thursday as fossil-fuels interests there are fighting to block the proposed closure of several coal-fired power plants.
Indiana Republicans push for moratorium on new power plants
In a sudden legislative move that is raising alarms for utilities and environmentalists alike, Indiana Republicans want to put a moratorium on new, large power plants just as several large electrical providers are gearing up to retire aging coal-fired generating units and replace them with renewable energy and natural gas.
Duke Energy to create plan for Indiana coal ash ponds
Duke Energy will need to create a corrective action plan for its coal ash ponds in Indiana after mandatory groundwater testing found the ponds have contaminants at levels higher than groundwater protection standards.