Articles

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.

Read More

Charlestown residents challenging sale of water utility

A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.

Read More
water-pollution-450bp.jpg

SCOTUS to determine when permits are necessary to pollute navigable waters

The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.

Read More

Turning brownfields into green land neither cheap nor easy

A 20-year-old state environmental law, oblique court decisions and a provision inserted seven years ago into the statute of limitations are coming together in a case from Elkhart that many environmental lawyers are hoping will finally settle lingering debates over when suits recouping cleanup costs may be filed.

Read More

Harrell and Lucas: CPP vs. ACE — A case study of administrative ‘parenting styles’

Most of us can recall when our caretakers made different parenting choices to achieve similar outcomes. Some embraced “tough love” where discipline and strictness set expectations. Others used gentler encouragement and allowed broader autonomy. Those parenting styles — the “tough” versus the “flexible” parent — are apt frameworks for comparing the Obama-era Clean Power Plan (CPP) and the Trump-era Affordable Clean Energy rule (ACE) approaches to carbon dioxide emissions limits for electric utility steam generating units (EGUs).

Read More

Jury awards $289M to man who blames Roundup for cancer

A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

Read More

Pence family gas stations left costly environmental legacy

The collapse of an oil company linked to the Pence family in 2004 was widely publicized. Less known is that the state of Indiana — and, to a smaller extent, Kentucky and Illinois — are still on the hook for millions of dollars to clean up more than 85 of the company’s contaminated sites, including underground tanks that leaked toxic chemicals into soil, streams and wells.

Read More